Stephen v. Montejo et al
| Jimmie Stephen |
| E. Montejo, D. Matolon, J. G. Stumpf, Wells Fargo Bank NA, R. Sanders, F. Rading, L. W. Austin and J. Lewis |
| 2:2018cv01796 |
| June 22, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Solano |
| Deborah Barnes |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
176
ORDER signed by Chief District Judge Kimberly J. Mueller on 3/27/24 ADOPTING in full 167 Findings and Recommendations and DENYING 105 Plaintiff's motion for summary judgment. Defendant's 159 motion for summary judgment is GRANTED. Plaintiff's 170 motion to amend is DENIED as MOOT. Defendants' 174 request for final order is MOOTED by this order. The Clerk shall enter judgment in favor of defendant. CASE CLOSED (Kastilahn, A)
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Filing
167
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 01/17/2024 DENYING 163 Motion to Strike. It is further RECOMMENDED that 105 Motion for Summary Judgment be denied; and 159 Motion for Summary Judgment be granted. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these Findings and Recommendations.(Lopez, K)
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Filing
165
ORDER signed by Magistrate Judge Deborah Barnes on 10/30/2023 DENYING plaintiff's 164 request for a copy of the docket. (Yin, K)
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Filing
158
ORDER signed by Magistrate Judge Deborah Barnes on 04/19/2023 DENYING the 156 Motion to Extend the Dispositive Motion deadline. Defendants shall file any motion for summary judgment and any opposition to plaintiff's January 2022 motion for summary judgment by 5/28/2023. (Spichka, K.)
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Filing
155
ORDER signed by Magistrate Judge Deborah Barnes on 02/28/23 SETTING of 05/28/23 for filing any motions for summary judgment.(Licea Chavez, V)
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Filing
154
ORDER signed by Magistrate Judge Deborah Barnes on 1/20/2023 DENYING 136 Motion for Terminating Sanctions, DENYING 130 , 131 , 151 Motions for Reconsideration, DENYING 131 Motion for a Stay, DENYING 137 Motion for Sanctions, DENYING [144 ] Motion to Strike, DENYING 150 Motion to Strike or Seal Deposition Transcript, and DENYING 144 , 151 Motions for Sanctions against defendant's counsel for alleged violation of right to privacy. Within 20 days of the filed date of this o rder, plaintiff shall send defendant's counsel the following: A signed verification of plaintiff's previously-provided discovery responses, and further responses and any responsive documents to document production requests 7, 11, 12, and 19. (Huang, H)
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Filing
146
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/14/2022 ADOPTING 128 The Findings and Recommendations in full, with the one correction noted above; DENYING 114 Motion to Amend the Complaint; To the extent Plaintiff moves for an injunction against non-defendant Dr. Aung Nay, that motion 124 is DENIED; and This case is referred back to the assigned Magistrate Judge for all further pretrial proceedings. (Mena-Sanchez, L)
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Filing
145
ORDER signed by Magistrate Judge Deborah Barnes on 10/27/2022 GRANTING 142 Motion for Extension of Time, VACATING the 10/30/2022 Dispositive Motion Deadline, and ORDERING that defendant shall submit a response to 144 filing within 20 days of the filed date of this order. (Huang, H)
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Filing
141
ORDER signed by Magistrate Judge Deborah Barnes on 09/09/22 ORDERING defendant Montejo substitutes Peter Hirsig as counsel of record in place of Jaime M. Ganson.(Plummer, M)
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Filing
129
ORDER signed by Magistrate Judge Deborah Barnes on 7/06/22 DENYING 127 Request for clarification. Within 20 days of the filed date of this order, defendant shall file a statement regarding the usefulness of a settlement conference at this time. (Plummer, M)
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Filing
128
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/28/22 GRANTING 111 motion to compel; GRANTING 123 Motion to revise the Discovery and Scheduling Order. The deadline for defendant to file any follow-up motion to compel or other related discovery motion is extended to August 30, 2022. The dispositive motion deadline is extended to October 30, 2022; DENYING 112 motion for a copy of the deposition transcript; DENYING 125 request for sanctions. Also, REC OMMENDING that plaintiff's motion to amend the third amended complaint 114 be denied. To the extent plaintiff moves for an injunction against non-defendant Dr. Aung Nay, that motion 124 should be denied. Motions 114 and 124 referred to Judge Kimberly J. Mueller. Objections due within 30 days.(Plummer, M)
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Filing
115
ORDER signed by Magistrate Judge Deborah Barnes on 5/9/2022 DENYING 113 Motion to Appoint Counsel. (Perdue, C.)
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Filing
110
ORDER signed by Magistrate Judge Deborah Barnes on 1/28/22 GRANTING plaintiff's request to dismiss his claim based on treatment for chronic kidney disease. That claim is dismissed from this action; GRANTING 107 Motion to Stay briefing on plaintiff's motion for summary judgment. Defendant's opposition to plaintiff's motion shall be filed by July 22, 2022 and ; DENYING 108 Motion to Appoint Counsel. (Plummer, M)
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Filing
102
ORDER signed by Magistrate Judge Deborah Barnes on 11/29/21, ORDERING within 30 days of the filed date of this order, defendant shall file an answer to thethird amended complaint.(Plummer, M)
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Filing
95
ORDER signed by Magistrate Judge Deborah Barnes on 12/14/2020 DENYING plaintiff's 91 motion for a settlement conference, as premature ; DENYING plaintiff's 92 motion for placement of a lien on his trust account; DENYING plaintiff& #039;s 92 motion for a stay of these proceedings to permit him to pay the filing fee; REJECTING plaintiff's 92 challenge to the order revoking his ifp status based on Griffin v. Illinois; and DENYING plaintiff's 92 motion for counsel, as premature. (Yin, K)
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Filing
93
ORDER signed by Chief District Judge Kimberly J. Mueller on 11/30/2020 ADOPTING 59 Findings and Recommendations in full. Plaintiff's 53 request for preliminary injunctive relief is DENIED. The 86 Findings and Recommendations are ADOPTED in full. Defendant's 78 request for judicial notice is GRANTED as to plaintiff's litigation history and DENIED in all other respects. Defendant's 77 motion to revoke plaintiff's in forma pauperis status is GRANTED. Within thirty days of the date of this order, plaintiff shall pay the $400 filing fee if he wishes to proceed with this case. Plaintiff's failure to do so will result in dismissal of this action. (Zignago, K.)
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Filing
90
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/30/2020 ADOPTING 74 Findings and Recommendations in full. The claims against defendants Shute and Dhillon are DISMISSED from the third amended complaint without leave to amend. Plaintiffs 62 motion for preliminary injunctive relief is DENIED. Defendant's 77 motion to revoke plaintiffs IFP status is GRANTED. This matter is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Zignago, K.)
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Filing
87
ORDER signed by Magistrate Judge Deborah Barnes on 06/11/2020 GRANTING 76 Motion for Extension of Time and DENYING 83 Request for Entry of Default. Defendant's answer to the third amended complaint shall be filed within 30 days after the District Judge rules on defendant's objections to this court's order granting plaintiff's motion to amend. (Tupolo, A)
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Filing
74
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 4/02/20 GRANTING 60 Motion to Amend the Complaint and DENYING 63 Motion for Sanctions. This case shall proceed on plaintiff's third amended complaint as se t out herein. Within 30 days of the date of this order, plaintiff shall file any objections to this court's 2/03/20 findings and recommendations 59 . Within 30 days of the date of this order, defendant Montejo shall file an answer or other res ponsive pleading to the third amended complaint. Also, RECOMMENDING that the claims against defendants Shute and Dhillon be dismissed from the third amended complaint without leave to amend. Plaintiffs motion for preliminary injunctive relief 62 be denied. Motion 62 referred to Judge Kimberly J. Mueller. Objections due within 30 days. (Plummer, M)
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Filing
71
ORDER signed by Magistrate Judge Deborah Barnes on 3/27/2020 ORDERING within 15 days, defendant shall file the request for judicial notice and inform the court whether he served that request on plaintiff. (Yin, K)
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Filing
65
ORDER signed by Magistrate Judge Deborah Barnes on 2/13/2020 GRANTING plaintiff's 64 motion to stay the 2/3/2020 Order. The deadlines set out in the 59 order for filing an answer and for filing objections to the findings and recommendat ions are LIFTED. Within 21 days, defendant shall file responses to plaintiff's 60 , 61 motion to amend and to plaintiff's 62 motion for an emergency injunction. Within 15 days after they are served on him, plaintiff may file reply briefs to defendant's responses. (Yin, K)
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Filing
59
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 1/31/2020 ORDERING defendant Montejo to file answer to 15 Second Amended Complaint within 30 days of the filed date of this order and RECOMMENDING 53 Request for Preliminary Injunctive Relief be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
56
ORDER signed by Magistrate Judge Deborah Barnes on 1/21/20 DENYING 54 Motion to Appoint Counsel. (Plummer, M)
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Filing
51
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 12/13/2019 ORDERING the Custodian to produce Jimmie Stephen via video conferencing at 9:30 a.m. on 1/27/2020 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: IT Dept & CKD) (Henshaw, R)
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Filing
47
ORDER signed by Magistrate Judge Deborah Barnes on 9/22/2019 ORDERING the stay entered on 5/20/2019 shall continue through the date of the follow-up settlement conference. (Yin, K)
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Filing
42
ORDER signed by Magistrate Judge Deborah Barnes on 07/11/19 denying 40 Motion to Amend the Second Complaint. Plaintiff's 07/18/19 filing entitled "Third Amended Prisoner Civil Rights Complaint 41 shall be disregarded. (Plummer, M)
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Filing
38
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 6/27/19 ORDERING the Custodian to produce Jimmie Stephen by video conference on 9/12/19 at 9:30 a.m. in courtroom 24 before Magistrate Judge Carolyn K. Delaney. Custodian is ordered to notify the court of any changes in custody and to provide new custodian with a copy of this writ. The clerk of court shall serve a copy of this order and writ on the Custodian. (cc: CKD and I.T. Dept, Sacramento) (Plummer, M)
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Filing
32
ORDER signed by Magistrate Judge Deborah Barnes on 5/20/2019 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. Plaintiff shall file the attached notice re settlement conference within 30 days of this order. Each party shal l 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. The Clerk shall serve copies of (a) plaintiff's complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) (Henshaw, R)
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Filing
30
ORDER signed by District Judge Kimberly J. Mueller on 4/22/19 ADOPTING the findings and recommendations filed 2/26/19 (ECF No. 17 ) in full; DISMISSING Plaintiff's claims against defendants Rading, Sanders, Austin, Fox; and Lozano from this action without leave to amend; and REFERRING this case back to the assigned magistrate judge for all further pretrial proceedings. (Becknal, R)
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Filing
29
ORDER signed by Magistrate Judge Deborah Barnes on 4/11/19 DISMISSING without prejudice 28 Motion for Summary Judgment to its renewal at the appropriate, later time. (Plummer, M)
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Filing
21
ORDER signed by Magistrate Judge Deborah Barnes on 3/25/2019 DENYING without prejudice plaintiff's 18 motion for the appointment of counsel. (Yin, K)
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Filing
17
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/25/2019 ORDERING service is appropriate for E. Montejo. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that plaintiff's claims against defendants Rading, Sanders, Austin, Fox and Lozano be dismissed from this action without leave to amend. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
16
ORDER signed by District Judge Kimberly J. Mueller on 2/21/19 ADOPTING the 6 findings and recommendations filed 9/20/18, in full; DISMISSING Plaintiff's claim 2, for a data breach, and claim 3, for loss of property, from this action; DISMISSING Defendants Matolon, Stumpf, Wells Fargo Bank and Lewis from this action; and REFERRING this case back to the assigned magistrate judge for all further pretrial proceedings. (Becknal, R)
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Filing
13
ORDER signed by Magistrate Judge Deborah Barnes on 12/28/2018 DISMISSING plaintiff' s first amended complaint with leave to amend within 30 days. The clerk shall send plaintiff a prisoner complaint form. (Yin, K)
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12
ORDER signed by Magistrate Judge Deborah Barnes on 12/20/2018 DENYING as premature plaintiff's 11 request for issuance of a subpoena. (Yin, K)
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Filing
7
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Jimmie Stephen signed by Magistrate Judge Deborah Barnes on 9/19/2018. CDCR shall collect an initial partial filing fee and thereafter the balance in monthly payments and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Director of CDCR. The Clerk shall also serve Financial with a copy of this order. (cc: CDCR, Financial) (Yin, K)
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