Oliver v. Shelton et al
| Daron Michael Oliver |
| Duane Shelton, Trevor Hatley and Mel |
| 2:2018cv01809 |
| June 25, 2018 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| XX US, Outside State |
| Craig M. Kellison |
| Kimberly J. Mueller |
| Other Civil Rights |
| 28 U.S.C. ยง 1983 |
| None |
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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
94
ORDER signed by Magistrate Judge Dennis M. Cota on 10/12/23 DENYING 90 plaintiff's Request for a pre-trial settlement conference. (Kastilahn, A)
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Filing
92
ORDER signed by Magistrate Judge Dennis M. Cota on 9/22/2023 DIRECTING Defendant to file a response to Plaintiff's 90 Motion within 14 days of the date of this order. (Mena-Sanchez, L)
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Filing
88
ORDER signed by Magistrate Judge Dennis M. Cota on 12/9/2022 DENYING 87 Motion for Extension of Time without prejudice. (Perdue, C.)
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Filing
86
ORDER signed by Magistrate Judge Dennis M. Cota on 11/14/2022 SETTING dates and deadlines and follows: Initial Disclosures due by 12/1/2022. Non-Expert Discovery completed by 7/14/2023. Designation of Expert Witnesses due by 9/15/2023. Rebuttal Experts due by 10/20/2023. Expert Discovery completed by 12/22/2023. Dispositive Motions heard by 2/10/2024. (Coll, A)
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Filing
85
ORDER signed by Magistrate Judge Dennis M. Cota on 10/14/22 VACATING THE 10/19/22 Scheduling Conference and DENYING 84 Request to Appear Remotely, as unnecessary.(Licea Chavez, V)
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Filing
79
ORDER signed by Magistrate Judge Dennis M. Cota on 08/15/22 SETTING the Initial Scheduling Conference to 10/19/2022 at 10:00 AM in Redding (DMC) before Magistrate Judge Dennis M. Cota. Parties shall file a joint scheduling conference statement on or before 10/12/22, consistent with the 5 Order.(Licea Chavez, V)
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Filing
78
ORDER signed by Chief District Judge Kimberly J. Mueller on 5/23/22 ADOPTING 75 Findings and Recommendations and GRANTING 70 Motion to Dismiss. Plaintiff's failure to file an opposition to the pending motion to dismiss is construed as non-opposition to the relief requested. Shelton and Hatley are dismissed with prejudice as defendants to this action. The action shall proceed against Defendant Mell only. (Kaminski, H)
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Filing
75
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 1/4/2022 RECOMMENDING that Plaintiff's failure to file an opposition to the pending Motion to Dismiss be construed as non-opposition to the relief requested; The motion to dismiss 70 , be granted; Shelton and Hatley be dismissed with prejudice as defendants to this action; The action proceed against Defendant Mell only; The fourth Amended Complaint, 69 , be dismissed with leave to amend; and Plaintiff be directed to file a fifth amended complaint against Defendant Mell only. These Findings and Recommendations are submitted to Chief District Judge Kimberly J. Mueller. Objections to these F&Rs due within 14 days.(Mena-Sanchez, L)
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Filing
72
ORDER signed by Magistrate Judge Dennis M. Cota on 10/27/21 ORDERING that the hearing scheduled for November 3, 2021, is hereby taken off calendar and the matter is submitted on the record and briefs without oral argument. (Kaminski, H)
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Filing
68
ORDER signed by Magistrate Judge Dennis M. Cota on 08/24/21 GRANTING 67 Motion for leave to file a fourth amended complaint. Plaintiff may file a fourth amended complaint within 30 days of the date of this order. If Plaintiff does not file his fourth amended complaint within this time period, the action shall proceed on the third amended complaint, 59 , as against Defendant Mel only. (Plummer, M)
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Filing
63
ORDER signed by Magistrate Judge Dennis M. Cota on 2/25/2021 ORDERNG the Clerk is directed to terminate "T. Hatley," "Trevor Hatley," "D. Shelton," and "Duane Shelton" as defendants to this action because the y are no longer named in the operative amended complaint. The Clerk is directed to update the docket to reflect that this action proceeds against Defendant "David Mell" only. The 61 motion to dismiss filed by T. Hatley and D. Shelton is DENIED as unnecessary because Plaintiff no longer names those individuals as defendants to this action. (Zignago, K.)
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Filing
62
ORDER signed by Magistrate Judge Dennis M. Cota on 2/24/2021 ORDERING that the parties shall meet and confer and file a joint scheduling report consistent with the courts 712/2018, order, 5 , within 30 days of the date of this order. Thereafter, the Court will issue a preliminary schedule for this case.(Mena-Sanchez, L)
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Filing
58
ORDER signed by Chief District Judge Kimberly J. Mueller on 1/21/2021 ADOPTING the findings and recommendations filed 5/7/2020, in full; GRANTING Defendants' unopposed motion to dismiss (ECF No. 43 ); DISMISSING Plaintiff's request s for permanent injunctive relief without leave to amend; DISMISSING Plaintiff's second amended complaint (ECF No. 36 ) with LEAVE TO AMEND as to his ADA claims; Plaintiff shall file a third amended complaint within thirty (30) days of the date of this order; and this matter is referred back to the assigned magistrate judge for all further pretrial proceedings.(Becknal, R)
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Filing
56
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 5/6/20 RECOMMENDING that Defendants' unopposed motion to dismiss 43 be granted. Plaintiff's requests for permanent injunctive relief are dismissed without leave to amend. Plaintiff's second amended complaint 36 be dismissed with leave to amend as to his ADA claims. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Kaminski, H)
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Filing
55
ORDER signed by Magistrate Judge Dennis M. Cota on 2/28/2020 DENYING 45 Request for leave to amend. (Coll, A)
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Filing
47
ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/19 VACATING the 11/20/19 hearing on the 43 Motion to Dismiss. The matter is submitted on the record and briefs without oral argument. (Benson, A.)
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Filing
44
ORDER signed by Magistrate Judge Dennis M. Cota on 08/29/19 GRANTING 42 plaintiff's request for leave to amend. Defendants shall file a response to plaintiff's second amended complaint within 30 days of the date of this order. (Plummer, M)
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Filing
41
ORDER signed by Magistrate Judge Dennis M. Cota on 8/7/19 ORDERING that this action currently proceeds on plaintiff's 6/17/19, second amended complaint; Defendants' motion to dismiss (ECF No. 38 ), challenging the 6/3/19, first amended complaint, is stricken and terminated as a pending motion; the hearing scheduled for 8/28/9, is vacated; Plaintiff's 7/8/19, third amended complaint is stricken as having been improperly filed; and Defendants shall file a response to plaintiff's 6/17/19, second amended complaint within 30 days of the date of this order. (Becknal, R)
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Filing
39
ORDER signed by Magistrate Judge Dennis M. Cota on 6/20/2019 VACATING the 7/12/2019 initial scheduling conference, pending resolution of defendants' 38 Motion to Dismiss. (York, M)
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Filing
35
ORDER signed by Magistrate Judge Dennis M. Cota on 6/17/19 ORDERING an initial status/scheduling conference pursuant to Federal Rule of Civil Procedure 26 is set for hearing before the undersigned in Sacramento, CA, on 7/12/19, at 10:00 a.m. The parties shall file scheduling conference statements consistent with the court's 7/12/18, order no later than seven days prior to the hearing. (Becknal, R)
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Filing
33
ORDER signed by Magistrate Judge Dennis M. Cota on 5/23/2019 GRANTING 32 Motion for Extension. Plaintiff shall file a first amended complaint within 30 days of the date of this order. (York, M)
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Filing
31
ORDER signed by District Judge Kimberly J. Mueller on 4/22/19 ADOPTING the findings and recommendations filed February 11, 2019, in full; GRANTING Defendants' unopposed motion to dismiss (Doc. 22 ); Plaintiff shall file a first amended complaint which contains a request for relief pursuant to Federal Rule of Civil Procedure 8(a)(3) within 30 days of the date of this order; and This matter is referred back to the assigned magistrate judge for all further purposes. (Becknal, R)
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Filing
30
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 2/11/19 RECOMMENDING that 22 Motion to Dismiss be Granted and that plaintiff be Directed to file a first amended complaint which contains a request for relief pursuant to Federal Rule of Civil Procedure 8(a)(3). Referred to Judge Daron Michael Oliver. Objections due within 14 days after being served with these findings and recommendations. (Coll, A)
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Filing
29
ORDER signed by Magistrate Judge Dennis M. Cota on 1/11/19 DENYING 27 Motion to Continue and STRIKING 28 Amended Complaint. (Coll, A)
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Filing
26
ORDER signed by Magistrate Judge Dennis M. Cota on 1/2/2019 ORDERING the 22 Motion to Dismiss Hearing scheduled for 1/9/2019 at 10:00am before Magistrate Judge Dennis M. Cota in Redding, California to be taken off calendar. The matter is SUBMITTED on the record and briefs without oral argument. (Huang, H)
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Filing
25
ORDER signed by Magistrate Judge Dennis M. Cota on 11/1/18 VACATING the Initial Scheduling Conference set for 11/28/2018 at 10:00 AM in Redding pending resolution of defendant's motion to dismiss. (Coll, A)
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Filing
14
ORDER signed by District Judge Kimberly J. Mueller on 8/7/2018 DENYING 10 Motion to Appoint Counsel. (Washington, S)
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Filing
3
ORDER signed by Magistrate Judge Craig M. Kellison on 7/11/18 ORDERING that Plaintiff's Motion for leave to proceed in forma pauperis 2 is GRANTED. The Clerk of the Court shall issue a summons in a civil case, theundersigned's new case documents, and an order setting this matter for an initial scheduling conference; The Clerk of the Court shall send Plaintiff the summons, three USM-285 forms, and a copy of the complaint. Within 15 days from the date of this order, Plaintiff sha ll complete the summons by indicating the addresses of the named defendants and shall submit to the USM at the address indicated below the following documents: The completed summons; One completed USM-285 form for each named defendant; Four copies of the complaint; and Three copies of the court's initial scheduling conference order issued herewith. The completed summons; Within 20 days of the date of this order, Plaintiff shall file a noticeindicating that the documents described above have been submitted to the USM, or a notice that Plaintiff intends to serve the summons and complaint without assistance from the USM. (Mena-Sanchez, L)
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