(PC) Gomes v. Mathis, et al

Plaintiff:	Lawrence E Gomes and Lawrence E. Gomes
Defendant:	Mariana Lotasztain, David M. Mathis MD, J. Clark Kelso, CCHCS, SACCO WICC Unit and David M. Mathis
Case Number:	2:2019cv01499
Filed:	August 6, 2019
Court:	US District Court for the Eastern District of California
Presiding Judge:	Dennis M Cota
Referring Judge:	Kimberly J Mueller
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

Docket Report

This docket was last retrieved on January 10, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 4, 2019	Filing 46 ORDER signed by Magistrate Judge Dennis M. Cota on 10/3/2019 SETTING Scheduling Conference for 11/13/2019 at 01:30 PM in Courtroom 4 in Sacramento, CA before Magistrate Judge Dennis M. Cota; ORDERING parties to submit to the court and serve by mail on all other parties a status/scheduling report, as outlined in this order, no later than 7 days before the conference; and ORDERING Clerk to randomly assign a District Judge and update the docket to reflect the new case number. This case has been assigned to District Judge Kimberly J. Mueller and Magistrate Judge Dennis M. Cota. The new case number is: 2:19-cv-1499 KJM DMC (PC). (Henshaw, R)
October 4, 2019	Filing 45 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to Order, this case has been assigned to District Judge Kimberly J. Mueller and Magistrate Judge Dennis M. Cota. The new case number is: 2:19-cv-1499 KJM DMC (PC). (Henshaw, R)
October 4, 2019	SERVICE BY MAIL: #46 Order served on Lawrence E. Gomes. (Henshaw, R)
September 18, 2019	Filing 44 ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Mariana Lotasztain. (Esquivel, Diana)
August 23, 2019	Filing 43 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Diana Esquivel for Mariana Lotasztain, attorney Molly Suzanne Murphy terminated (Esquivel, Diana)
August 22, 2019	Filing 42 ORDER signed by Magistrate Judge Dennis M. Cota on 08/22/19 GRANTING #41 Motion for Extension of Time. Defendant shall file a response to plaintiffs fourth amended complaint on or before September 18, 2019.(Plummer, M)
August 22, 2019	SERVICE BY MAIL: #42 Order on Motion for Extension of Time to File Answer served on Lawrence E. Gomes. (Plummer, M)
August 15, 2019	Filing 41 MOTION (Ex Parte Application) for Extension of Time to Respond to Fourth Amended Complaint by Mariana Lotasztain. (Murphy, Molly) Modified on 8/16/2019 (Yin, K).
August 6, 2019	Filing 40 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 9/9/2019. (Attachments: #1 Order re Consent) (Sant Agata, S)
August 6, 2019	Filing 39 CASE TRANSFERRED IN from District of California Central; Case Number 2:17-cv-07022.
August 6, 2019	SERVICE BY MAIL: #40 Prisoner New Case Documents for Magistrate Judge as Presider served on Lawrence E Gomes. (Sant Agata, S)
August 5, 2019	Filing 38 ORDER (1) GRANTING DEFENDANTS MOTION TO TRANSFER VENUE AND (2) TRANSFERRING THIS ACTION TO THE EASTERN DISTRICT OF CALIFORNIA [DKT. NO. #33 ] by Magistrate Judge Suzanne H. Segal: granting #33 MOTION to Change Venue case transferred to Eastern. (See document for details.) (sbou) [Transferred from cacd on 8/6/2019.]
August 5, 2019	Filing 37 REPLY support NOTICE OF MOTION AND MOTION to Change Venue to United States Districrt Court, Eastern District #33 filed by Defendant Mariana Lotasztain. (Murphy, Molly) [Transferred from cacd on 8/6/2019.]
July 29, 2019	Filing 36 REPLY to MOTION to Dismiss or Transfer Venue #33 filed by Plaintiff Lawrence E Gomes. (hr) [Transferred from cacd on 8/6/2019.]
July 5, 2019	Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #34 . The following error(s) was/were found: Incomplete docket text; missing name of event and text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from cacd on 8/6/2019.]
July 3, 2019	Filing 34 (Attorney Betty Chu-Fujita added to party David M. Mathis MD(pty:dft))(Chu-Fujita, Betty) [Transferred from cacd on 8/6/2019.]
July 3, 2019	Filing 33 NOTICE OF MOTION AND MOTION to Change Venue to United States Districrt Court, Eastern District filed by defendant Mariana Lotasztain. (Attachments: #1 Proposed Order) (Attorney Molly S Murphy added to party Mariana Lotasztain(pty:dft)) (Murphy, Molly) [Transferred from cacd on 8/6/2019.]
July 3, 2019	Filing 32 NOTICE of Change of Lead Counsel changing lead counsel from Betty Chu-Fujita to Molly S. Murphy. filed by defendant Mariana Lotasztain, (Murphy, Molly) [Transferred from cacd on 8/6/2019.]
June 27, 2019	Filing 31 NOTICE of Change of Address confirming address change to same as Docket No. #25 filed by Plaintiff Lawrence E Gomes. (hr) [Transferred from cacd on 8/6/2019.]
June 6, 2019	Filing 30 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123), #28 . The following error(s) was/were found: Incorrect document is attached to the docket entry. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from cacd on 8/6/2019.]
June 6, 2019	Filing 29 WAIVER OF SERVICE Returned Executed filed by Defendant Mariana Lotasztain. upon Mariana Lotasztain waiver sent by Plaintiff on 5/6/2019, answer due 7/5/2019. Waiver of Service signed by Betty Chu-Fujita. (Chu-Fujita, Betty) [Transferred from cacd on 8/6/2019.]
June 4, 2019	Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Betty Chu-Fujita counsel for Defendant Mariana Lotasztain. Adding Betty Chu-Fujita as counsel of record for Dr. Maiana Lotasztain M.D. for the reason indicated in the G-123 Notice. Filed by Defendant David M. Mathis, M.D., et al.,. (Attachments: #1 Proof of Service)(Chu-Fujita, Betty) [Transferred from cacd on 8/6/2019.]
June 4, 2019	Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Betty Chu-Fujita counsel for Defendant Mariana Lotasztain. Adding Betty Chu-Fujita as counsel of record for Dr. Mariana Lotasztain for the reason indicated in the G-123 Notice. Filed by Defendant David M. Mathis, M.D., et al.,. (Attachments: #1 Proof of Service)(Attorney Betty Chu-Fujita added to party Mariana Lotasztain(pty:dft))(Chu-Fujita, Betty) [Transferred from cacd on 8/6/2019.]
April 4, 2019	Filing 26 NOTICE OF SUBMISSION OF DOCUMENTS TO COURT CLERK FOR FORWARDING TO UNITED STATES MARSHAL filed by Plaintiff Lawrence E Gomes. (hr) [Transferred from cacd on 8/6/2019.]
April 4, 2019	Filing 25 NOTICE of Change of Address changing address to 2051 E. 6th St., Stockton, CA 95206. Filed by Plaintiff Lawrence E Gomes. (hr) [Transferred from cacd on 8/6/2019.]
March 5, 2019	Filing 24 Alias 21 DAY Summons Issued re Fourth Amended Complaint #17 as to Defendant Mariana Lotasztain. (hr) [Transferred from cacd on 8/6/2019.]
March 5, 2019	Filing 23 (IN CHAMBERS) ORDER RESENDING ORDERS TO PLAINTIFFS NEW ADDRESS. The Court reissues the following orders to Plaintiffs new address: 1. The Fourth Amended Complaint #17 2. Order Re Service of Process #19 3. Order Directing Service of Process by The United States Marshal #20 4. Form USM-285. The Court sua sponte extends the deadline for plaintiff to submit his Notice of Submission to April 8, 2019. (SEE ORDER FOR FULL DETAILS) (Attachments: #1 Fourth Amended Complaint, #2 Order Re Service of Process, #3 Order Directing Service) (jlo) [Transferred from cacd on 8/6/2019.]
February 5, 2019	Filing 21 21 DAY Summons Issued re Fourth Amended Complaint #17 as to Defendant Mariana Lotasztain. (mr) [Transferred from cacd on 8/6/2019.]
February 5, 2019	Filing 20 ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Suzanne H. Segal. IT IS HEREBY ORDERED that the United States Marshal is authorized to proceed with service of process upon the following defendants only without prepayment of cost, until further Order of the Court: Mariana Lotasztain, Primary Care Provider - Physician. (mr) [Transferred from cacd on 8/6/2019.]
February 5, 2019	Filing 19 ORDER RE SERVICE OF PROCESS by Magistrate Judge Suzanne H. Segal. In order to accomplish service of process by the United States Marshal, Plaintiff must complete the USM-285 forms and send them to Marlene Ramirez, Clerk to Magistrate Judge Suzanne H. Segal, no later than March 7, 2019. If Plaintiff does not send the completed USM-285 forms and Notice of Submission to the Clerk of the Court by March 7, 2019, this action will be subject to dismissal without prejudice. (Attachments: #1 Notice of Submission) (mr) [Transferred from cacd on 8/6/2019.]
February 5, 2019	Filing 18 ORDER RE CIVIL RIGHTS CASE by Magistrate Judge Suzanne H. Segal. Plaintiff is advised that the Court has determined that his Fourth Amended Civil Rights Complaint, filed on December 14, 2018, may be served upon Defendant. The Court will provide Plaintiff with separate instructions regarding service of process. (mr) [Transferred from cacd on 8/6/2019.]
February 4, 2019	Filing 22 NOTICE of Change of Address changing address to 846 Herman St., Stockton, CA 95206. Filed by Plaintiff Lawrence E Gomes. (hr) [Transferred from cacd on 8/6/2019.]
December 14, 2018	Filing 17 FOURTH AMENDED COMPLAINT against Defendant Mariana Lotasztain amending Amended Complaint #15 , filed by Plaintiff Lawrence E Gomes. (sbou) [Transferred from cacd on 8/6/2019.]
November 28, 2018	Filing 16 MEMORANDUM DECISION AND ORDER DISMISSING THIRD AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Suzanne H. Segal. The Third Amended Complaint is dismissed with leave to amend. If Plaintiff still wishes to pursue this action, he is granted thirty (30) days from the date of this Memorandum and Order within which to file a Fourth Amended Complaint. Plaintiff is strongly encouraged to utilize the standard civil rights complaint form when filing any amended complaint, a copy of which is attached. Plaintiff is further advised that if he no longer wishes to pursue this action, he may voluntarily dismiss it by filing a Notice of Dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1). A form Notice of Dismissal is attached for Plaintiffs' convenience. See document for further details. (Attachments: #1 Civil Rights Complaint Form, #2 Notice of Dismissal Form) (mr) [Transferred from cacd on 8/6/2019.]
August 30, 2018	Filing 15 THIRD AMENDED COMPLAINT against defendant Mariana Lotasztain amending Second Amended Complaint, #13 , filed by plaintiff Lawrence E Gomes(hr) [Transferred from cacd on 8/6/2019.]
August 16, 2018	Filing 14 MEMORANDUM DECISION AND ORDER DISMISSING SECOND AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Suzanne H. Segal. The Second Amended Complaint is dismissed with leave to amend. If Plaintiff still wishes to pursue this action, he is granted thirty (30) days from the date of this Memorandum and Order within which to file a Third Amended Complaint. Plaintiff shall not include new defendants or new allegations that are not reasonably related to the claims asserted in the SAC. Plaintiff is strongly encouraged to utilize the standard civil rights complaint form when filing any amended complaint, a copy of which is attached. Plaintiff is further advised that if he no longer wishes to pursue this action, he may voluntarily dismiss it by filing a Notice of Dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1). A form Notice of Dismissal is attached for Plaintiffs' convenience. (See document for further details). (Attachments: #1 Civil Rights Complaint Form, #2 Notice of Dismissal Form) (mr) [Transferred from cacd on 8/6/2019.]
May 18, 2018	Filing 13 SECOND AMENDED COMPLAINT against Defendants Mariana Lotersctain MD, David M. Mathis MD; Party CCHCS (California Health Care Service) and SACCO WICC Unit (Western Interstate Compack Unit) terminated amending Amended Complaint #9 , filed by Plaintiff Lawrence E Gomes.(sbou) [Transferred from cacd on 8/6/2019.]
May 3, 2018	Filing 12 MEMORANDUM DECISION AND ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Suzanne H. Segal. If Plaintiff still wishes to pursue this action, he is granted thirty (30) days from the date of this Memorandum and Order within which to file a Second Amended Complaint. (Attachments: #1 Civil Rights Complaint Form (Blank), #2 Notice of Dismissal Form (Blank)) (mz) [Transferred from cacd on 8/6/2019.]
March 26, 2018	Filing 11 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Suzanne H. Segal, ORDERING Change of Address submitted by Plaintiff Lawrence E. Gomes received on 3/23/18 is not to be filed but instead rejected. Denial based on: Duplicate Filing. Change of Address previously filed on 3/22/18. (hr) [Transferred from cacd on 8/6/2019.]
March 22, 2018	Filing 10 NOTICE of Change of Address changing address to California Health Care Facility, PO Box 32200, Stockton, CA 95213. Filed by Plaintiff Lawrence EuGene Gomes. (hr) [Transferred from cacd on 8/6/2019.]
January 29, 2018	Filing 9 FIRST AMENDED COMPLAINT against Defendants amending Complaint, #1 , filed by plaintiff Lawrence EuGene Gomes.(mr) [Transferred from cacd on 8/6/2019.]
January 5, 2018	Filing 8 MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Suzanne H. Segal. The Complaint is DISMISSED with leave to amend. If Plaintiff still wishes to pursue this action, he is granted thirty (30) days from the date of this Memorandum and Order in which to file a First Amended Complaint. Plaintiff is further advised that if he no longer wishes to pursue this action, he may voluntarily dismiss it by filing a Notice of Dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1). A form Notice of Dismissal is attached for Plaintiff's convenience. (See document for further details). (Attachments: #1 Civil Rights Complaint Form, #2 Notice of Dismissal Form) (mr) [Transferred from cacd on 8/6/2019.]
December 12, 2017	Filing 7 MINUTES (IN CHAMBERS) ORDER DENYING WITHOUT PREJUDICE MOTION TO AMEND COMPLAINT (Dkt. No. #6 ) by Magistrate Judge Suzanne H. Segal: Plaintiff's Motion for Leave to Amend Complaint is DENIED WITHOUT PREJUDICE as unnecessary, because the Rule permits Plaintiff to file without leave. (See document for further details). (mr) [Transferred from cacd on 8/6/2019.]
October 16, 2017	Filing 6 MOTION to AMEND Complaint filed by plaintiff Lawrence EuGene Gomes. (mr) [Transferred from cacd on 8/6/2019.]
October 11, 2017	Filing 5 NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Suzanne H. Segal, ORDERING Letter submitted by Plaintiff Lawrence EuGene Gomes received on 10/11/17 is not to be filed but instead rejected. Denial based on: No letter to the judge. (mr) [Transferred from cacd on 8/6/2019.]
October 11, 2017	Filing 4 ORDER RE REQUEST TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Suzanne H. Segal: Granting #2 REQUEST for Leave to Proceed without Prepayment of Filing Fee. (mr) [Transferred from cacd on 8/6/2019.]
September 22, 2017	Filing 3 NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and referred to Magistrate Judge Suzanne H. Segal. (jtil) [Transferred from cacd on 8/6/2019.]
September 22, 2017	Filing 2 REQUEST to Proceed Without Prepayment of Filing Fees with Declaration in Support filed by Plaintiff Lawrence EuGene Gomes. (jtil) [Transferred from cacd on 8/6/2019.]
September 22, 2017	Filing 1 COMPLAINT filed by Plaintiff Lawrence EuGene Gomes against Defendants J. Clark Kelso, Mariana Lotersctain MD, David M. Mathis MD, SACCO WICC Unit. Case assigned to Judge Stephen V. Wilson and referred to Magistrate Judge Suzanne H. Segal. (jtil) [Transferred from cacd on 8/6/2019.]

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Search for this case: (PC) Gomes v. Mathis, et al
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Defendant: Mariana Lotasztain
Represented By:	Molly Suzanne Murphy
Represented By:	Diana Esquivel
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Defendant: David M. Mathis MD
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Defendant: J. Clark Kelso
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Defendant: CCHCS
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Defendant: SACCO WICC Unit
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Defendant: David M. Mathis
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Plaintiff: Lawrence E Gomes
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Plaintiff: Lawrence E. Gomes
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