(PC) Murphy v. Rudas
| Monrell D. Murphy |
| M. Martinez, A. Simmons, Rudas and P. Betinis |
| 2:2020cv00073 |
| January 10, 2020 |
| US District Court for the Eastern District of California |
| Deborah Barnes |
| Troy L Nunley |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 60
USCA ORDER as to #57 Notice of Appeal filed by Monrell D. Murphy. The Appeal is DISMISSED for failure to prosecute. (Huang, H)
|
|
Filing 59
USCA CASE NUMBER 21-17085 for #57 Notice of Appeal filed by Monrell D. Murphy. (Coll, A)
|
|
Filing 58
APPEAL PROCESSED to Ninth Circuit re #57 Notice of Appeal filed by Monrell D. Murphy. Notice of Appeal filed *12/13/2021*, Complaint filed *1/10/2020* and Appealed Order / Judgment filed *11/30/2021*. Court Reporter: *A. Timken*. *Fee Status: IFP Granted on 2/10/2020* (Attachments: #1 Appeal Information) (Benson, A.)
|
|
SERVICE BY MAIL: #58 Appeal Processed to USCA, served on Monrell D. Murphy. (Benson, A.)
|
|
Filing 57
NOTICE of APPEAL by Monrell D. Murphy as to #55 Order Adopting Findings and Recommendations and #56 Judgment. (Benson, A.)
|
|
Filing 56
JUDGMENT dated *11/30/2021* pursuant to order signed by District Judge Troy L. Nunley on 11/29/2021. (Huang, H)
|
|
Filing 55
ORDER signed by District Judge Troy L. Nunley on 11/29/2021 ADOPTING #52 Findings and Recommendations in full, DENYING #30 Motion for Summary Judgment, and GRANTING #41 Motion for Summary Judgment. CASE CLOSED. (Huang, H)
|
|
SERVICE BY MAIL: #55 Order and #56 Judgment served on Monrell D. Murphy. (Huang, H)
|
|
Filing 54
RESPONSE by Rudas to #53 Objections to Findings and Recommendations. (Ehlenbach, Martha)
|
|
Filing 53
OBJECTIONS to #52 FINDINGS and RECOMMENDATIONS by Plaintiff Monrell D. Murphy. (Benson, A.)
|
|
Filing 52
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 10/6/2021 RECOMMENDING plaintiff's #30 motion for summary judgment be denied; and defendant's #41 motion for summary judgment be granted. Referred to Judge Troy L. Nunley; Objections to F&R due within 30 days. (Yin, K)
|
|
SERVICE BY MAIL: #52 Findings and Recommendations served on Monrell D. Murphy. (Yin, K)
|
|
Filing 51
REPLY by Rudas to RESPONSE to #41 Motion for Summary Judgment,. (Ehlenbach, Martha)
|
|
Filing 50
REPLY by Rudas re #41 Motion for Summary Judgment,. (Ehlenbach, Martha)
|
|
Filing 49
DECLARATION of Monrell D. Murphy. (Coll, A)
|
|
Filing 48
OPPOSITION by Monrell D. Murphy to #41 Motion for Summary Judgment. (Attachments: #1 Reply)(Coll, A)
|
|
Filing 47
REPLY by Monrell D. Murphy to #45 Opposition to Motion for Summary Judgment. (Attachments: #1 Reply)(Coll, A)
|
|
Filing 46
SUPPLEMENT by Monrell D. Murphy re #40 Order. (Kaminski, H)
|
|
DEPOSITION TRANSCRIPT #43 submitted pursuant to LR 133(j) and routed to DB chambers. (Text only entry) (Benson, A.)
|
|
Filing 45
OPPOSITION by Rudas to #30 Motion for Summary Judgment. (Ehlenbach, Martha)
|
|
Filing 44
REPLY by Rudas re #30 Motion for Summary Judgment. (Ehlenbach, Martha)
|
|
Filing 43
NOTICE OF LODGING by Rudas: Deposition Transcript. (Ehlenbach, Martha) Modified on 6/7/2021 (Benson, A.).
|
|
Filing 42
REQUEST for JUDICIAL NOTICE by Rudas in re #41 Motion for Summary Judgment,. (Ehlenbach, Martha)
|
|
Filing 41
MOTION FOR SUMMARY JUDGMENT by Rudas. (Attachments: #1 Rand Notice, #2 Points and Authorities, #3 Statement of Undisputed Facts, #4 Exhibits (A-BB), #5 Declaration of Feinberg, #6 Declaration of R. Rudas, #7 Declaration of Counsel (Exhibits A-001 - A-047), #8 Proof of Service)(Ehlenbach, Martha) Modified on 6/4/2021 (Plummer, M).
|
|
Filing 40
ORDER signed by Magistrate Judge Deborah Barnes on 5/20/2021 GRANTING defendant's #35 motion to compel and DIRECTING plaintiff to supplement his responses to the interrogatories, and requests for production as set forth in this order. Plaintiff shall file and serve his updated responses within 45 days of the date of service of this order. Defendant's shall file any subsequent motion to compel no more than 30 days after service of plaintiff's updated responses. (Yin, K)
|
|
SERVICE BY MAIL: #40 Order on Motion to Compel served on Monrell D. Murphy. (Yin, K)
|
|
Filing 39
REPLY by Rudas in Support of #35 Motion to Compel. (Ehlenbach, Martha) Modified on 5/4/2021 (Yin, K).
|
|
Filing 38
ORDER signed by Magistrate Judge Deborah Barnes on 4/29/2021 GRANTING #37 Motion for Extension of Time. Defendants to file an opposition to #30 Motion for Summary Judgment on or before 6/4/2021. (Henshaw, R)
|
|
SERVICE BY MAIL: #38 Order served on Monrell D. Murphy. (Henshaw, R)
|
|
Filing 37
MOTION for 35-DAY EXTENSION OF TIME to Oppose #30 Plaintiff's Motion for Summary Judgment by Rudas. (Attachments: #1 Proposed Order, #2 Proof of Service)(Ehlenbach, Martha)
|
|
Filing 36
OPPOSITION by Monrell D. Murphy to #35 Motion to Compel. (Coll, A)
|
|
Filing 35
MOTION to COMPEL by Rudas. (Attachments: #1 Declaration of Counsel, #2 Proof of Service)(Ehlenbach, Martha) Modified on
|
|
Filing 34
ORDER signed by Magistrate Judge Deborah Barnes on 02/05/21 GRANTING #33 Motion to depose plaintiff by remote means. (Plummer, M)
|
|
SERVICE BY MAIL: #34 Order on Motion for Miscellaneous Relief served on Monrell D. Murphy. (Plummer, M)
|
|
Filing 33
MOTION (Ex Parte Request) to TAKE PLAINTIFF'S DEPOSITION by Remote Means by Rudas. (Attachments: #1 Proposed Order, #2 Proof of Service)(Ehlenbach, Martha)
|
|
Filing 32
ORDER signed by Magistrate Judge Deborah Barnes on 1/14/2021 GRANTING defendant's #31 motion for an extension of time to respond to plaintiff's motion for summary judgment. Defendant's opposition to plaintiff's motion is due by 4/30/2021. All other deadlines are unchanged. (Yin, K)
|
|
SERVICE BY MAIL: #32 Order on Motion served on Monrell D. Murphy. (Yin, K)
|
|
Filing 31
MOTION to STAY Plaintiff's Motion for Summary Judgment or REQUEST for EXTENSION of TIME to Oppose the Motion by Rudas. (Attachments: #1 Declaration of Counsel, #2 Proposed Order, #3 Proof of Service)(Ehlenbach, Martha)
|
|
Filing 30
MOTION FOR SUMMARY JUDGMENT by Monrell D. Murphy. (Coll, A)
|
|
Filing 29
DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Deborah Barnes on 12/11/20 ORDERING Discovery due by 4/9/2021. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/25/2021. (Attachments: #1 Expedited Trial Notice) (Plummer, M)
|
|
SERVICE BY MAIL: #29 Discovery and Scheduling Order, and local rules served on Monrell D. Murphy. (Plummer, M)
|
|
Filing 28
ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Rudas. (Ehlenbach, Martha)
|
|
Filing 27
ORDER signed by Magistrate Judge Deborah Barnes on 11/5/2020 ORDERING, within 30 days, defendant shall file an answer or other responsive pleading to the complaint. (Yin, K)
|
|
SERVICE BY MAIL: #27 Order Lifting Stay served on Monrell D. Murphy. (Yin, K)
|
|
Filing 26
MINUTES (Text Only) for SETTLEMENT CONFERENCE held via Zoom before Magistrate Judge Carolyn K. Delaney on 10/20/2020: CASE NOT SETTLED. Plaintiffs Counsel Pro Se present. Defendants Counsel Martha Ehlenbach present. Court Reporter/CD Number: Alice Timken. (Streeter, J)
|
|
Filing 25
NOTICE OF SUBMISSION OF CONFIDENTIAL SETTLEMENT STATEMENT by Rudas. (Ehlenbach, Martha)
|
|
Filing 24
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Deborah Barnes on 9/10/2020 ORDERING the custodian to produce Monrell D. Murphy #P-24634 by Zoom video conference from his place of confinement, before Magistrate Judge Carolyn K. Delaney, on October 20, 2020, at 9:30 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and any difficulties connecting to the Zoom video conference shall immediately be reported to Judy Streeter, Courtroom Deputy. (cc: CKD, I.T. Dept., ADR)(Yin, K)
|
|
SERVICE BY MAIL: #24 Order & Writ Issued served on Monrell D. Murphy. 3 Certified copies of #24 Order & Writ Issued served on CCI Warden, 1 copy faxed to Litigation Coordinator. (Yin, K)
|
|
Filing 23
MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 7/16/2020.. IT IS HEREBY ORDERED: This matter is set for Settlement Conference for 10/20/2020 at 10/20/2020 at 09:30 AM before Magistrate Judge Carolyn K. Delaney. Manner of Settlement Conference to be determined at a later date. Parties are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. The individual with full authority to settle must also have "unfettered discretion and authority" to change the settlement position of the party, if appropriate. The purpose behind requiring the attendance of a person with full settlement authority is that the parties' view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to submit their confidential settlement conference statements to the Court using the following email address: ckdorders@caed.uscourts.gov. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Statements are due at least 7 days prior to the Settlement Conference. Upon submission of confidential settlement statements, each party shall file on the docket a "Notice of Submission of Settlement Conference Statement." Any party unable to submit their statement via email may do so using traditional mail service. (cc: CKD, ADR)(Buzo, P)
|
|
SERVICE BY MAIL: 23 Minute Order Set/Reset Deadlines and Hearings served on Monrell D. Murphy. (Buzo, P)
|
|
Filing 22
ORDER signed by Magistrate Judge Deborah Barnes on 7/15/2020 GRANTING #21 Motion to Continue the 8/13/2020 Settlement Conference and Extend the Stay; VACATING the Settlement Conference for 8/13/2020 before Magistrate Judge Delaney; and VACATING #18 Writ of Habeas Corpus Ad Testificandum. (cc: IT & CKD) (Henshaw, R)
|
|
SERVICE BY MAIL: #22 Order served on Monrell D. Murphy. Copy served on CCI Litco. (Henshaw, R) Modified on 7/15/2020 (Henshaw, R).
|
|
Filing 21
MOTION to CONTINUE the 8/13/2020 Settlement Conference and Extend the Stay by Rudas. (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Ehlenbach, Martha)
|
|
Filing 20
NOTICE of SUBMISSION of Settlement Conference Statement by Monrell D. Murphy. (Huang, H)
|
|
RE-SERVICE BY MAIL: #18 Order & Writ Issued re-served on Monrell D. Murphy at CCI. (Yin, K)
|
|
Filing 19
NOTICE of CHANGE of ADDRESS to California Correctional Institute, PO Box 1902, Tehachapi, CA 93581 by Monrell D. Murphy. (Huang, H)
|
|
Filing 18
[VACATED PER #22 ORDER] ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM signed by Magistrate Judge Deborah Barnes on 5/27/2020 ORDERING the Custodian to produce Monrell D. Murphy via video conferencing at 9:30 a.m. on 8/13/2020 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) Modified on 7/15/2020 (Henshaw, R).
|
|
SERVICE BY MAIL: 17 Minute Order served on Monrell D. Murphy. (Henshaw, R)
|
|
SERVICE BY MAIL: #18 Order and Writ Issued served on Monrell D. Murphy. 3 Certified copies served on Warden, SAC, P.O. Box 290002, Represa, California 95671 and courtesy copy faxed to LitCo at SAC. (Henshaw, R)
|
|
Filing 17
MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 5/27/2020. The matter is set for a Video Settlement Conference on 8/13/2020 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Parties are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. The individual with full authority to settle must also have "unfettered discretion and authority" to change the settlement position of the party, if appropriate. The purpose behind requiring the attendance of a person with full settlement authority is that the parties' view of the case may be altered during the face to face conference. An authorization to settle for a limited dollar amount or sum certain can be found not to comply with the requirement of full authority to settle. The parties are directed to submit their confidential settlement conference statements to the Court using the following email address: ckdorders@caed.uscourts.gov. If a party desires to share additional confidential information with the Court, they may do so pursuant to the provisions of Local Rule 270(d) and (e). Statements are due at least 7 days prior to the Settlement Conference. Upon submission of confidential settlement statements, each party shall file on the docket a "Notice of Submission of Settlement Conference Statement." Any party unable to submit their statement via email may do so using traditional mail service. (cc: CKD, ADR)(Buzo, P)
|
|
Filing 16
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Deborah Barnes on 5/18/2020. Defendants shall file any motion to opt out of the Post-Screening ADR Project within 60 days. The parties shall submit a confidential settlement conference statement at least 7 days prior to the settlement conference in accordance with this order. If settlement is reached, the parties shall file a Notice of Settlement. (Yin, K)
|
|
SERVICE BY MAIL: #16 Order Referring Case to Post-Screening ADR Project served on Monrell D. Murphy. (Yin, K)
|
|
Filing 15
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Rudas on 4/17/2020. Attorney Ehlenbach, Martha P. added as counsel of record. (Ehlenbach, Martha) Modified on 5/13/2020 (Plummer, M).
|
|
Filing 14
NOTICE OF INTENT TO WAIVE SERVICE by defendant Rudas. AG Waiver of Service due in 30 days. (Huang, H)
|
|
Filing 13
SUMMONS ISSUED as to *Rudas* with answer to complaint due within *21* days. Attorney *Monrell D. Murphy P-24634* *CALIFORNIA STATE PRISON, SACRAMENTO (290066)* *P.O. BOX 290066* *REPRESA, CA 95671-0066*. (Henshaw, R)
|
|
Filing 12
ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Deborah Barnes on 4/3/2020. Consent or Decline due by 5/7/2020. (Henshaw, R)
|
|
Filing 11
ORDER signed by Magistrate Judge Deborah Barnes on 4/2/2020 FINDING SERVICE OF COMPLAINT APPROPRIATE AND DIRECTING E-SERVICE on the following defendant: *Rudas* and DISMISSING defendants A. Simmons, P. Betinis, and M. Martinez from this action. Operative Complaint, Summons, Notice of E-Service Waiver, Order re Consent, and this Order served via email on CDCR. (Attachments: #1 CDCR Notice of Waiver) (Henshaw, R)
|
|
SERVICE BY MAIL: #11 Order served on Monrell D. Murphy. (Henshaw, R)
|
|
Filing 10
FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Monrell D. Murphy.(Tupolo, A)
|
|
Filing 9
DOCUMENT(S) SERVED ELECTRONICALLY: IFP served on the Director of CDCR pursuant to #8 Order Directing Prisoner Payment. (Yin, K)
|
|
Filing 8
ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Monrell D. Murphy signed by Magistrate Judge Deborah Barnes on 2/7/2020. 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)
|
|
Filing 7
ORDER signed by Magistrate Judge Deborah Barnes on 2/7/2020 GRANTING plaintiff's #2 motion to proceed IFP. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order. Plaintiff has stated a cognizable Eighth Amendment claim against defendant Rudas for deliberate indifference to his serious medical needs. Plaintiff's claims against defendants Simmons, Martinez, and Betinis and his state law claim for negligent infliction of emotional distress are DISMISSED with leave to amend. Plaintiff may choose to proceed on his cognizable claim set out above or he may choose to amend his complaint in accordance with this order. The Clerk shall send plaintiff a prisoner complaint form. (Yin, K)
|
|
SERVICE BY MAIL: #8 Order Directing Prisoner Payment, #7 Order Dismissing Case with Leave to Amend, and 1983 form served on Monrell D. Murphy. (Yin, K) Modified on 2/10/2020 (Yin, K).
|
|
Filing 6
CLERK'S NOTICE REASSIGNING CASE (TEXT ONLY). This case has been assigned to District Judge Troy L. Nunley and Magistrate Judge Deborah Barnes. The new case number is: 2:20-cv-00073-TLN-DB. (Tupolo, A)
|
|
SERVICE BY MAIL: 6 Clerk's Notice Reassigning Case served on Monrell D. Murphy. (Tupolo, A)
|
|
Filing 5
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Tupolo, A)
|
|
Filing 4
PRISONER TRUST FUND ACCOUNT STATEMENT by Monrell D. Murphy (Tupolo, A)
|
|
CLERKS NOTICE: 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 Monrell D. Murphy, CDC P-24634 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. (Henshaw, R)
|
|
Filing 3
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; E-Filing Notice issued re complaint filed *1/10/2020*; Consent or Decline due by 2/13/2020 (Attachments: #1 Litigant Letter, #2 E-Filing Notice) (Kaminski, H)
|
|
Filing 2
MOTION to PROCEED IN FORMA PAUPERIS by Monrell D. Murphy. (Kaminski, H)
|
|
Filing 1
PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by Monrell D. Murphy. (Attachments: #1 Civil Cover Sheet)(Kaminski, H)
|
|
SERVICE BY MAIL and EMAIL: #3 Prisoner New Case Documents for Magistrate Judge as Presider served on Monrell D. Murphy. (Kaminski, H)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
