(PC) Merriman v. Love et al
| Dominique Merriman |
| Laura Sullivan, James Telander, J. Ponder, Rebecca Love, S. Gates and Lisa Harris |
| 2:2019cv01443 |
| July 22, 2019 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Troy L Nunley |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 44 NOTICE of VOLUNTARY DISMISSAL (TEXT ONLY) pursuant to stipulation of dismissal #43 and FRCP 41(a). CASE CLOSED. (Plummer, M) |
| Filing 43 STIPULATION for Voluntary Dismissal by Rebecca Love, Laura Sullivan. (Lee, Derrek) Modified on 3/2/2021 (Plummer, M). |
| SERVICE BY MAIL: 44 Notice of Voluntary Dismissal served on Dominique Merriman. (Plummer, M) |
| Filing 42 MOTION to COMPEL Verified Responses to Defendant Love's Interrogatories, Set One by Rebecca Love. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Derrek J. Lee)(Lee, Derrek) Modified on 1/29/2021 (Plummer, M). |
| Filing 41 REPLY by Dominique Merriman to #39 Answer to Prisoner Civil Rights Complaint. (Tupolo, A) |
Filing 40
DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/27/2020: Discovery due by 2/19/2021; All pretrial motions, except motions to compel discovery, shall be filed on or before 5/7/2021; Pretrial conference and trial dates will be set as appropriate; the Clerk shall send plaintiff a copy of the Local Rules and send the parties the court's expedited trial notice (Attachments: #1 Expedited Trial Notice) (Yin, K)
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| SERVICE BY MAIL: #40 Discovery and Scheduling Order with Local Rules served on Dominique Merriman. (Yin, K) |
| Filing 39 ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Rebecca Love, Laura Sullivan. (Lee, Derrek) |
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Filing 38
ORDER signed by District Judge Troy L. Nunley on 10/6/20 ADOPTING #30 Findings and Recommendations and DENYING #25 Motion to Dismiss. Defendants shall file their response to Plaintiff's first amended complaint within fourteen days. (Kaminski, H)
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| SERVICE BY MAIL: #38 Order, served on Dominique Merriman. (Kaminski, H) |
| Filing 37 CERTIFICATE of SERVICE by Dominique Merriman re #35 Initial Pretrial Scheduling Order, #36 Reply. (Kaminski, H) |
| Filing 36 REPLY by Dominique Merriman re #33 Objections to Findings and Recommendations. (Kaminski, H) |
| Filing 35 INITIAL PRETRIAL SCHEDULING ORDER; (Tupolo, A) |
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Filing 34
RELATED CASE ORDER signed by District Judge Troy L. Nunley on 8/26/2020 RELATING cases 2:19-cv-01443-TLN-CKD and 2:19-cv-01444-KJM-DMC.(Tupolo, A)
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| Filing 33 OBJECTIONS to FINDINGS and RECOMMENDATIONS #30 by Defendants Rebecca Love, Laura Sullivan. (Lee, Derrek) |
| SERVICE BY MAIL: #34 Order and #35 Initial Pretrial Scheduling Order served on Dominique Merriman. (Tupolo, A) |
| Filing 32 NOTICE of RELATED CASE(S) 2:19-cv-01444-KJM-DMC by Lisa Harris. (Kamberian, Van) |
| Filing 31 OPPOSITION/REPLY by Dominique Merriman to #29 Reply to Response to Motion. (Becknal, R) |
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Filing 30
ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/14/2020 DENYING defendants' #26 request for judicial notice and RECOMMENDING defendants' #25 motion to dismiss be denied. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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| SERVICE BY MAIL: #30 Order, Findings and Recommendations served on Dominique Merriman. (Yin, K) |
| Filing 29 REPLY by Rebecca Love, Laura Sullivan to RESPONSE to #25 Motion to Dismiss. (Lee, Derrek) |
| Filing 28 OPPOSITION by Plaintiff Dominique Merriman to #26 Request for Judicial Notice. (Kastilahn, A) |
| Filing 27 OPPOSITION by Dominique Merriman to #25 Motion to Dismiss. (Kastilahn, A) |
| Filing 26 REQUEST for JUDICIAL NOTICE by Rebecca Love, Laura Sullivan in re #25 Motion to Dismiss. (Lee, Derrek) |
| Filing 25 MOTION to DISMISS by Rebecca Love, Laura Sullivan. (Attachments: #1 Points and Authorities)(Lee, Derrek) |
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Filing 24
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/22/2020 LIFTING STAY and ORDERING Defendants Love and Sullivan to file their response to Plaintiff's amended complaint within 14 days. (Henshaw, R)
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| SERVICE BY MAIL: #24 Order served on Dominique Merriman. (Henshaw, R) |
| Filing 23 MOTION (Request) to Opt Out of Early ADR by Defendants re #21 Order Referring Case to Post-Screening ADR Project. (Lee, Derrek) Modified on 7/21/2020 (Yin, K). |
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Filing 22
ORDER signed by District Judge Troy L. Nunley on 5/27/2020 ADOPTING in full #15 Findings and Recommendations. All Defendants and claims other than Plaintiff's claim arising under the Eighth Amendment against Defendants Love and Sullivan are DISMISSED. (Kastilahn, A)
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| SERVICE BY MAIL: #22 Order Adopting Findings and Recommendations served on Dominique Merriman. (Kastilahn, A) |
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Filing 21
ORDER signed by Magistrate Judge Carolyn K. Delaney on 05/21/20 REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS. 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)
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| SERVICE BY MAIL: #21 Order Referring Case to Post-Screening ADR Project, served on Dominique Merriman. (Plummer, M) |
| Filing 20 WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Laura Sullivan on 4/22/2020; Rebecca Love on 4/22/2020. Attorney Lee, Derrek J. added as counsel of record. (Lee, Derrek) Modified on 5/19/2020 (Plummer, M). |
| Filing 19 NOTICE OF INTENT TO WAIVE SERVICE by defendants Rebecca Love, Laura Sullivan. AG Waiver of Service due in 30 days. (Coll, A) |
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Filing 17
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 5/14/2020 signed by Magistrate Judge Carolyn K. Delaney on 04/09/20. (Plummer, M)
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| Filing 16 SUMMONS ISSUED as to *Rebecca Love, Laura Sullivan* with answer to complaint due within *21* days. Attorney *Dominique Merriman AT-0219* *California Health Care Facility* *PO Box 32050* *Stockton, California 95213*. (Plummer, M) |
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Filing 15
ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/09/20 ORDERING the Clerk of the Court randomly assign a U.S. District Judge to this action. Also, FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendant(s): *Rebecca Love*, *Laura Sullivan*. Operative Complaint, Summons, Notice of E-Service Waiver and this Order served via email on CDCR. Also, FINDINGS and RECOMMENDATIONS recommending that all defendants and claims other than a claim arising under the Eighth Amendment against defendants Love and Sullivan be dismissed. Assigned and referred to Judge Troy L. Nunley. Objections due within 14 days. (Attachments: #1 CDCR Notice of Waiver) (Plummer, M)
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| Filing 14 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Troy L. Nunley and Magistrate Judge Carolyn K. Delaney. The new case number is: 2:19-cv-1443 TLN CKD (PC). (Plummer, M) |
| SERVICE BY MAIL: #15 Order Finding Service of Complaint Appropriate,,, Findings and Recommendations (Motion),, served on Dominique Merriman. (Plummer, M) |
| Filing 13 NOTICE OF ELECTION by Dominique Merriman: Plaintiff wants to proceed immediately on a claim arising under the Eighth Amendment against defendants Sullivan and Love. (Tupolo, A) |
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Filing 12
ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/30/20 GRANTING plaintiff 21 days within which to complete and return the attached form notifying the court how he wants to proceed. (Yin, K)
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| SERVICE BY MAIL: #12 Order served on Dominique Merriman. (Yin, K) |
| Filing 11 REQUEST for COPIES by Dominique Merriman. (Coll, A) (Response sent: "The Clerk's Office will provide copies of documents and of the docketsheet at $0.50 per page.") Modified on 1/17/2020 (Henshaw, R). |
| Filing 10 REQUEST for Forms by Dominique Merriman. (Coll, A)(Response sent: "The clerk's office does not have a motion for appointment of counsel form available for distribution to the public.") Modified on 12/20/2019 (Plummer, M). |
| Filing 9 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Dominique Merriman.(Coll, A) |
| Filing 8 DOCUMENT(S) SERVED ELECTRONICALLY: IFP application #2 served on Director of CDC. (Plummer, M) |
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Filing 7
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Dominique Merriman signed by Magistrate Judge Carolyn K. Delaney on 08/27/19. 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)
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Filing 6
ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/27/19 GRANTING #2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's CDC order filed concurrently herewith. Plaintiff's complaint is dismissed. Plaintiff is granted 30 days from the date of service of this order to file an amended complaint. (Plummer, M)
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| SERVICE BY MAIL: #6 Order on Motion to Proceed in forma pauperis, served on Dominique Merriman. (Plummer, M) |
| SERVICE BY MAIL: #7 Order Directing Prisoner Payment, served on Dominique Merriman. (Plummer, M) |
| Filing 5 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Dominique Merriman. (Zignago, K.) |
| Filing 4 PRISONER TRUST FUND ACCOUNT STATEMENT by Dominique Merriman. (York, M) |
| CLERKS NOTICE (text only): The Clerk of Court is in receipt of a Motion to Proceed in Forma Pauperis. The California Department of Corrections and Rehabilitation is DIRECTED to submit a Certified Prison Trust account statement for Dominique Merriman, CDCR# AT-0219 to the Clerks Office within 72 business hours of this notification. The Prison Trust Account statement must reflect the activity for the last six months. Please email the certified prison trust account statement in pdf format to FilingsSacramento@caed.uscourts.gov with the case number in the subject line as reflected on this notification. (Yin, K) |
| Filing 3 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *7/22/2019*; Consent or Decline due by 9/3/2019 (Attachments: #1 Order re Consent, #2 E-Filing Notice) (Huang, H) |
| SERVICE BY E-MAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Dominique Merriman. (Huang, H) |
| Filing 2 MOTION to PROCEED IN FORMA PAUPERIS by Dominique Merriman. (Huang, H) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against S. Gates, Rebecca Love, J. Ponder, Laura Sullivan, James Telander by Dominique Merriman. (Attachments: #1 Civil Cover Sheet) (Huang, H) |
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