(PC) Rico v. Ducart et al
Plaintiff: Jorge Andrade Rico
Defendant: Jim Robertson, Associate Warden G. W. Olson, Taylor Melton, D Bradbury, Clark E. Ducart and B. Ramsey
Case Number: 2:2019cv01989
Filed: October 2, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Deborah Barnes
Referring Judge: Carolyn K Delaney
2 Judge: Kimberly J Mueller
Nature of Suit: Prison Conditions
Cause of Action: 42:1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2019 Opinion or Order Filing 31 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Deborah Barnes on 11/19/2019. (Henshaw, R)
November 13, 2019 Filing 30 JOINT STATUS REPORT by Jorge Andrade Rico. (Falkenstien, Kate)
November 13, 2019 Filing 29 STIPULATION and PROPOSED ORDER for Pretrial Protective Order by Jorge Andrade Rico. (Falkenstien, Kate)
November 6, 2019 Opinion or Order Filing 28 ORDER signed by Magistrate Judge Deborah Barnes on 11/06/19 ORDERING on or before 1/10/20, defendants shall file any reply brief to plaintiff's opposition to the motion to dismiss. (Plummer, M)
November 5, 2019 Filing 27 NOTICE of Hearing on Pending Motion to Dismiss by D Bradbury, Clark E. Ducart, Taylor Melton, G. W. Olson, B. Ramsey, Jim Robertson. Motion hearing set for 1/31/20 at 10:00 a.m. in courtroom 27 before Magistrate Judge Deborah Barnes. (Fisher, Jeffrey) Modified on 11/6/2019 (Plummer, M).
November 5, 2019 Filing 26 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court is in receipt of Defendants' Motion to Dismiss (ECF No. #11 ). The motion, as filed, is defective. Defendants are directed to comply with Local Rules 302(c)(17) and 230(a) and re-notice the motion before the assigned Magistrate Judge. Accordingly, the 1/17/2020 hearing date before District Judge Kimberly J. Mueller is VACATED. (Text Only Entry) (Schultz, C)
October 29, 2019 Filing 25 NOTICE of Hearing on Pending #11 Motion to Dismiss. Motion hearing set for 1/17/20 at 10:00 a.m. in courtroom 3 before District Judge Kimberly J. Mueller by D Bradbury, Clark E. Ducart, Taylor Melton, G. W. Olson, B. Ramsey, Jim Robertson. (Fisher, Jeffrey) Modified on 10/29/2019 (Plummer, M).
October 11, 2019 Opinion or Order Filing 24 RELATED CASE ORDER signed by District Judge Kimberly J. Mueller on 10/10/19 RELATING this case to case numbers 2:90-cv-0520 KJM DB PC and 1:18-cv-0080 DAD SAB PC and that this related case be REASSIGNED to District Judge Kimberly J. Mueller and Magistrate Judge Deborah Barnes for all further proceedings; any dates currently set in this case are VACATED. District Judge Troy L. Nunley and Magistrate Judge Carolyn K. Delaney are no longer assigned to case. The case number on all future filings shall be: 2:19-cv-1989 KJM DB PC (cc: TLN, CKD). (Benson, A.)
October 8, 2019 Filing 23 NOTICE of Hearing on Pending #11 Motion to Dismiss by Defendants. Motion Hearing set for 11/14/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Fisher, Jeffrey) Modified on 10/8/2019 (Yin, K).
October 4, 2019 Filing 22 CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY) pursuant to #21 Decline of Jurisdiction of US Magistrate Judge, 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-1989 TLN CKD (PC). (Henshaw, R)
October 3, 2019 Filing 21 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Jorge Andrade Rico. (Falkenstien, Kate)
October 2, 2019 Filing 20 NOTICE of RELATED CASE 2:17-cv-01402, S-90-0520, 1:14-cv-1959, 1:15-cv-0266, 2:18-cv-0362, 2:18-CV-00340, 1:15-cv-01424, 1:18-cv-00080 by Jorge Andrade Rico. (Falkenstien, Kate)
October 2, 2019 Filing 19 RESPONSE to #11 Request For Judicial Notice by Jorge Andrade Rico. (Falkenstien, Kate)
October 2, 2019 Filing 18 OPPOSITION to #11 Motion to Dismiss by Jorge Andrade Rico. (Attachments: #1 Declaration of Kate Falkenstien, #2 Exhibit A, #3 Exhibit B)(Falkenstien, Kate)
October 2, 2019 Filing 17 PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 11/4/2019 (Attachments: #1 Order re Consent) (Donati, J)
October 2, 2019 Filing 16 CASE TRANSFERRED IN from District of California Northern; Case Number 3:19-cv-04713.
October 1, 2019 Opinion or Order Filing 15 ORDER TRANSFERRING CASE. Signed by Judge Charles R. Breyer on 10/1/2019. (crblc1, COURT STAFF) (Filed on 10/1/2019) [Transferred from cand on 10/2/2019.]
September 27, 2019 Filing 14 NOTICE of Voluntary Dismissal of Rico's Second, Third, And Fourth Claims Only by Jorge Andrade Rico (Falkenstien, Kate) (Filed on 9/27/2019) [Transferred from cand on 10/2/2019.]
September 24, 2019 Set/Reset Deadlines as to #11 MOTION to Dismiss . Motion Hearing set for 11/1/2019 10:00 AM before Judge Charles R. Breyer. (mclS, COURT STAFF) [Transferred from cand on 10/2/2019.]
September 23, 2019 Filing 13 NOTICE by D. Bradbury, Clark E. Ducart, Taylor Melton, G. W. Olson, B. Ramsey, Jim Robertson -- Notice of Hearing on #11 Pending Motion to Dismiss (Fisher, Jeffrey) (Filed on 9/23/2019) Modified on 9/24/2019 (mclS, COURT STAFF). [Transferred from cand on 10/2/2019.]
September 18, 2019 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 9/18/19. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 9/18/2019) [Transferred from cand on 10/2/2019.]
September 18, 2019 Filing 11 MOTION to Dismiss filed by D. Bradbury, Clark E. Ducart, Taylor Melton, G. W. Olson, B. Ramsey, Jim Robertson. Responses due by 10/2/2019. Replies due by 10/9/2019. (Attachments: #1 Exhibit 1 and 2 to Notice of Motion and Motion to Dismiss Action, #2 Defs' Request for Judicial Notice in Support of Motion to Dismiss, #3 Exhibit A to K to Defs' RJN in Support of Motion to Dismiss)(Fisher, Jeffrey) (Filed on 9/18/2019) [Transferred from cand on 10/2/2019.]
September 16, 2019 Filing 10 WAIVER OF SERVICE Returned Executed filed by Jorge Andrade Rico. Service waived by All Defendants. (Falkenstien, Kate) (Filed on 9/16/2019) [Transferred from cand on 10/2/2019.]
August 27, 2019 Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 8/27/2019) [Transferred from cand on 10/2/2019.]
August 27, 2019 Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jorge Andrade Rico.. (Falkenstien, Kate) (Filed on 8/27/2019) [Transferred from cand on 10/2/2019.]
August 22, 2019 Filing 7 Summons Issued as to D. Bradbury, Clark E. Ducart, Taylor Melton, G. W. Olson, B. Ramsey, Jim Robertson. (aaaS, COURT STAFF) (Filed on 8/22/2019) [Transferred from cand on 10/2/2019.]
August 21, 2019 Filing 6 Proposed Summons. (Falkenstien, Kate) (Filed on 8/21/2019) [Transferred from cand on 10/2/2019.]
August 20, 2019 #Electronic filing error. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #5 Proposed Summons filed by Jorge Andrade Rico Attorney In formation is Incomplete. (aaaS, COURT STAFF) (Filed on 8/20/2019) [Transferred from cand on 10/2/2019.]
August 20, 2019 Filing 5 ERRONEOUSLY E-FILED: PLEASE SEE ERROR MESSAGE DATED 8/20/19 Proposed Summons. (Falkenstien, Kate) (Filed on 8/20/2019) Modified on 8/21/2019 (aaaS, COURT STAFF). [Transferred from cand on 10/2/2019.]
August 20, 2019 Filing 4 CLERK'S NOTICE Setting Case Management Conference: Notice is given that an Initial Case Management Conference set for 11/18/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Case Management Statement due by 11/12/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 8/20/2019) [Transferred from cand on 10/2/2019.]
August 14, 2019 Filing 3 Notice of Assignment of Prisoner Case to Magistrate Judge. (mclS, COURT STAFF) (Filed on 8/14/2019) [Transferred from cand on 10/2/2019.]
August 13, 2019 Filing 2 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/27/2019. (bwS, COURT STAFF) (Filed on 8/13/2019) [Transferred from cand on 10/2/2019.]
August 13, 2019 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13604943.). Filed byJorge Andrade Rico. (Attachments: #1 Civil Cover Sheet)(Falkenstien, Kate) (Filed on 8/13/2019) [Transferred from cand on 10/2/2019.]

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Defendant: Jim Robertson
Represented By: Jeffrey Thomas Fisher
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Defendant: Associate Warden G. W. Olson
Represented By: Jeffrey Thomas Fisher
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Defendant: Taylor Melton
Represented By: Jeffrey Thomas Fisher
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Defendant: D Bradbury
Represented By: Jeffrey Thomas Fisher
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Defendant: Clark E. Ducart
Represented By: Jeffrey Thomas Fisher
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Defendant: B. Ramsey
Represented By: Jeffrey Thomas Fisher
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Plaintiff: Jorge Andrade Rico
Represented By: Kate Martin Falkenstien
Represented By: Shawna Lee Ballard
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