Furnace v. Sullivan et al
Plaintiff: Edward Terran Furnace
Defendant: Paul E. Sullivan, D. Morales and J. Soto
Case Number: 3:2007cv04441
Filed: August 28, 2007
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Monterey
Presiding Judge: Maxine M Chesney
Nature of Suit: Prisoner: Prison Condition
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 24, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 24, 2013 Filing 64 Minute Entry: REPORT OF PRO SE PRISONER EARLY SETTLEMENT PROCEEDING. Settlement Conference held. Case Settled. (Date Filed: 6/24/2013). () (glm, COURT STAFF) (Date Filed: 6/24/2013)
June 14, 2013 Opinion or Order Filing 63 ORDER APPROVING STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE. Signed by Judge Maxine M. Chesney on June 14, 2013. (mmclc1, COURT STAFF) (Filed on 6/14/2013)
June 14, 2013 Filing 62 STIPULATION AND [PROPOSED] ORDER FOR VOLUNTARY DISMISSAL WITH PREJUDICE filed by D. Morales, J. Soto, Paul Sullivan. (Zelidon-Zepeda, Jose) (Filed on 6/14/2013) Modified on 6/17/2013 (aaaS, COURT STAFF).
June 14, 2013 Filing 61 Minute Entry: Settlement Conference held. Case settled. (Date Filed: 6/14/2013) (Recording #FTR: 12:02-12:04) (ls, COURT STAFF) (Date Filed: 6/14/2013)
June 4, 2013 Filing 60 Minute Entry: Status Conference held. Matter remains set for settlement conference. (Date Filed: 6/4/2013). (Recording #1:13-1:14.) (glm, COURT STAFF) (Date Filed: 6/4/2013)
May 31, 2013 Filing 59 PAYMENT RECORD CARD : payment of Filing Fee in the amount of $350.00 paid on 5/30/13. As per Finance Department (aaa, COURT STAFF) (Filed on 5/31/2013)
May 23, 2013 Opinion or Order Filing 58 ORDER by Magistrate Judge Nandor J. Vadas granting #57 Motion to Continue Pre-Settlement Conference. (njvlc1, COURT STAFF) (Filed on 5/23/2013)
May 22, 2013 Filing 57 MOTION to Continue - Application For Extension Of Time In Which To Conduct Pre-Settlement Conference And [Proposed] Order (Unopposed) filed by Edward Terran Furnace. (Bookin, Daniel) (Filed on 5/22/2013)
May 2, 2013 Filing 56 ASSOCIATION of Counsel for Defendants by D. Morales, J. Soto, Paul Sullivan. (Huynh, Neah) (Filed on 5/2/2013)
April 23, 2013 Opinion or Order Filing 55 Order Setting Settlement Conference before Magistrate Judge Vadas. Settlement Conference set for 6/14/2013 at 10:00 AM in Courtroom D, 15th Floor, San Francisco. Telephonic Status Conference set for 6/4/2013 at 01:00 PM before Magistrate Judge Nandor J. Vadas. Signed by Magistrate Judge Nandor J. Vadas on 4/23/2013. (njvlc1, COURT STAFF) (Filed on 4/23/2013)
February 21, 2013 Filing 54 NOTICE of Appearance by Ward Alexander Penfold (Penfold, Ward) (Filed on 2/21/2013)
February 21, 2013 Filing 53 NOTICE of Appearance by Victoria Leigh Weatherford (Weatherford, Victoria) (Filed on 2/21/2013)
February 21, 2013 Filing 52 NOTICE of Appearance by Daniel H. Bookin (Bookin, Daniel) (Filed on 2/21/2013)
February 21, 2013 Sent Via E-Mail a pdf copy of #51 Order to Judge Vadas' Assistant Gloria Masterson. Re #51 Order (aaaS, COURT STAFF) (Filed on 2/21/2013)
February 20, 2013 Opinion or Order Filing 51 ORDER REOPENING AND REFERRING CASE FOR SETTLEMENT PROCEEDINGS; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on February 20, 2013. (mmcsec, COURT STAFF) (Filed on 2/20/2013) (Additional attachment(s) added on 2/20/2013: #1 Certificate of Service) (tlS, COURT STAFF).
February 20, 2013 CASE REFERRED to Magistrate Judge Magistrate Judge Nandor J. Vadas for Settlement (tlS, COURT STAFF) (Filed on 2/20/2013)
February 14, 2013 Filing 50 CLERKS Letter Spreading Mandate to Counsel re [49 USCA Mandate (aaa, COURT STAFF) (Filed on 2/14/2013)
February 14, 2013 Filing 49 MANDATE of USCA: The judgment of this Court, entered January 17, 2013, takes effect this date. This constitutes the formal mandate of this Court. FOR THE COURT; as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 2/14/2013)
January 29, 2013 Opinion or Order Filing 48 ORDER of USCA: The parties shall bear their own costs and attorney's fees on appeal; as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 1/29/2013)
January 29, 2013 Filing 47 USCA OPINION: as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 1/29/2013)
November 28, 2012 Opinion or Order Filing 46 ORDER of USCA: Appellees' motion to augment the record (D.E.43) is GRANTED. Appellant's motion to augment the appellate record (D.E.50) is likewise GRANTED. Appellee's corresponding motion to strike (D.E.55) is DENIED; as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 11/28/2012)
January 17, 2012 Opinion or Order Filing 45 ORDER of USCA: Upon review of the record and the briefing, this court has determined that the appointment of pro bono counsel in this appeal would benefit the court's review; as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 1/17/2012)
September 24, 2010 Opinion or Order Filing 44 ORDER of USCA: Appellant's motion for appointment of counsel is denied; as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 9/24/2010)
June 4, 2010 Opinion or Order Filing 43 ORDER of USCA: Appellant Edward Terran Furnace, has been granted leave to proceed in forma pauperis in this appeal; as to #39 Notice of Appeal filed by Edward Terran Furnace (aaa, COURT STAFF) (Filed on 6/4/2010)
May 6, 2010 Filing 42 USCA Case Number 10-15961 for #39 Notice of Appeal filed by Edward Terran Furnace. (aaa, COURT STAFF) (Filed on 5/6/2010)
April 27, 2010 Filing 41 Copy of #39 Notice of Appeal and Docket sheet mailed to all counsel and to all parties without an e-mailing address. (aaa, COURT STAFF) (Filed on 4/27/2010) (Additional attachment(s) added on 4/27/2010: #1 Docket Sheet) (aaa, COURT STAFF).
April 27, 2010 Filing 40 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #39 Notice of Appeal (aaa, COURT STAFF) (Filed on 4/27/2010) (Additional attachment(s) added on 4/27/2010: #1 Docket Sheet) (aaa, COURT STAFF).
April 26, 2010 Filing 39 NOTICE OF APPEAL as to #38 Clerk's Judgment, by Edward Terran Furnace. (aaa, COURT STAFF) (Filed on 4/26/2010) (Additional attachment(s) added on 5/6/2010: #1 USCA NUMBER: 10-15961 (aaa, COURT STAFF).
April 13, 2010 Filing 38 CLERK'S JUDGMENT in favor of D. Morales, J. Soto, Paul Sullivan against Edward Terran Furnace, defendants motion for summary judgment is hereby GRANTED and judgment shall be entered in favor of all defendants. (tl, COURT STAFF) (Filed on 4/13/2010)
March 31, 2010 Opinion or Order Filing 37 ORDER GRANTING #21 MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on March 31, 2010. (mmcsec, COURT STAFF) (Filed on 3/31/2010)
August 14, 2009 Filing 36 Letter dated 8/6/09: from Edward Furnace re Request to file a New Complaint. (aaa, COURT STAFF) (Filed on 8/14/2009)
June 10, 2009 Filing 35 REPLY to Response to Motion DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO STRIKE; REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT filed byD. Morales, J. Soto, Paul Sullivan. (Attachments: #1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 6/10/2009)
May 28, 2009 Filing 34 DECLARATION OF PLAINTIFF, EDWARD TERRAN FURNACE, IN SUPPORT OF #21 MOTION TO DENY SUMMARY JUDGMENT filed byEdward Terran Furnace. (aaa, COURT STAFF) (Filed on 5/28/2009) (Additional attachment(s) added on 5/29/2009: #1 [Proposed] Order) (aaa, COURT STAFF).
May 28, 2009 Filing 33 Response re #21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES byEdward Terran Furnace. (aaa, COURT STAFF) (Filed on 5/28/2009)
May 28, 2009 Filing 32 OBJECTION to EVIDENCE by Edward Terran Furnace. (aaa, COURT STAFF) (Filed on 5/28/2009)
April 30, 2009 Opinion or Order Filing 31 ORDER EXTENDING TIME FOR PLAINTIFF'S OPPOSITION TO MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on April 30, 2009. (mmcsec, COURT STAFF) (Filed on 4/30/2009)
April 29, 2009 Filing 30 CERTIFICATE OF SERVICE by Paul Sullivan, D. Morales, J. Soto. (Attachments: #1 Stipulation & [Proposed] Order Extending Time for Plaintiff Edward Terran Furnaces Opposition to Defendants Motion for Summary Judgment; (Zelidon-Zepeda, Jose) (Filed on 4/29/2009) Modified on 4/30/2009 (aaa, COURT STAFF).
April 22, 2009 Filing 29 Declaration in Support of #28 MOTION for Enlargement of Time to File filed by Edward Terran Furnace. (Related document(s) #28 ) (slh, COURT STAFF) (Filed on 4/22/2009)
April 22, 2009 Filing 28 MOTION for Enlargement of Time to File Opposition filed by Edward Terran Furnace. (slh, COURT STAFF) (Filed on 4/22/2009)
April 2, 2009 Filing 27 NOTICE by Paul Sullivan, D. Morales, J. Soto DEFENDANTS NOTICE OF UNAVAILABILITY OF COUNSEL (Attachments: #1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 4/2/2009)
April 1, 2009 Filing 26 Proposed Order re #21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES by Paul Sullivan, D. Morales, J. Soto. (Zelidon-Zepeda, Jose) (Filed on 4/1/2009)
April 1, 2009 Filing 25 Declaration of JOSE A. ZELIDON-ZEPEDA in Support of #21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Sullivan, D. Morales, J. Soto. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #21 ) (Zelidon-Zepeda, Jose) (Filed on 4/1/2009)
April 1, 2009 Filing 24 Declaration of J. SOTO in Support of #21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Sullivan, D. Morales, J. Soto. (Related document(s) #21 ) (Zelidon-Zepeda, Jose) (Filed on 4/1/2009)
April 1, 2009 Filing 23 Declaration of P. SULLIVAN in Support of #21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Sullivan, D. Morales, J. Soto. (Attachments: #1 Exhibit 1)(Related document(s) #21 ) (Zelidon-Zepeda, Jose) (Filed on 4/1/2009)
April 1, 2009 Filing 22 Declaration of D.R. MORALES in Support of #21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Sullivan, D. Morales, J. Soto. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #21 ) (Zelidon-Zepeda, Jose) (Filed on 4/1/2009)
April 1, 2009 Filing 21 MOTION for Summary Judgment ;MEMORANDUM OF POINTS AND AUTHORITIES filed by Paul Sullivan, D. Morales, J. Soto. (Attachments: #1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 4/1/2009)
January 26, 2009 Opinion or Order Filing 20 ORDER EXTENDING TIME FOR DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on January 26, 2009. (mmcsec, COURT STAFF) (Filed on 1/26/2009)
January 23, 2009 Filing 19 STIPULATION Stipulation Extending Time for Defendants' Motion for Summary Judgment; [PROPOSED] ORDER by Paul Sullivan, D. Morales, J. Soto. (Zelidon-Zepeda, Jose) (Filed on 1/23/2009)
January 23, 2009 Filing 18 *** FILED IN ERROR. PLEASE DISREGARD. *** STIPULATION Stipulation Extending Time for Defendants' Motion for Summary Judgment; [PROPOSED] ORDER by Paul Sullivan, D. Morales, J. Soto. (Zelidon-Zepeda, Jose) (Filed on 1/23/2009) Modified on 1/23/2009 (feriab, COURT STAFF).
January 9, 2009 Filing 17 AMENDED COMPLAINT UNDER THE CIVIL RIGHTS ACT, Title 42 U.S.C. 1983: JURY TRIAL DEMANDED against Paul Sullivan, D. Morales, J. Soto. Filed byEdward Terran Furnace. (aaa, Court Staff) (Filed on 1/9/2009)
January 2, 2009 Filing 16 AMENDED COMPLAINT UNDER THE CIVIL RIGHTS ACT Title 42 U.S.C. 1983: JURY TRIAL DEMANDED against Paul Sullivan, D. Morales, J. Soto. Filed byEdward Terran Furnace. (aaa, Court Staff) (Filed on 1/2/2009)
December 15, 2008 Filing 15 Letter dated 12/10/08: from Edward T. Furnace re Docket number #14 Order Granting in Part and Denying in Part #6 Motion to Dismiss. (aaa, Court Staff) (Filed on 12/15/2008)
November 10, 2008 Opinion or Order Filing 14 ORDER GRANTING IN PART AND DENYING IN PART #6 MOTION TO DISMISS; SETTING DEADINE FOR FILING OF AMENDED COMPLAINT AND BRIEFING SCHEDULE FOR DISPOSITIVE MOTIONS; LIFTING STAY OF DISCOVERY. Signed by Judge Maxine M. Chesney on November 10, 2008. (mmcsec, COURT STAFF) (Filed on 11/10/2008)
September 22, 2008 Filing 13 SUMMONS Returned Executed by Edward Terran Furnace. Paul Sullivan served on 8/29/2008, answer due 9/18/2008; D. Morales served on 8/29/2008, answer due 9/18/2008; J. Soto served on 8/29/2008, answer due 9/18/2008. (aaa, Court Staff) (Filed on 9/22/2008)
June 12, 2008 Opinion or Order Filing 12 ORDER STAYING DISCOVERY PENDING DISPOSITION OF DEFENDANTS' MOTION TO DISMISS. Signed by Judge Maxine M. Chesney on June 12, 2008. (mmcsec, COURT STAFF) (Filed on 6/12/2008)
June 9, 2008 Filing 11 STIPULATION STAYING DISCOVERY PENDING DISPOSITION OF DEFENDANTS MOTION TO DISMISS; [PROPOSED] ORDER by Paul Sullivan, D. Morales, J. Soto. (Zelidon-Zepeda, Jose) (Filed on 6/9/2008)
May 15, 2008 Filing 10 Proposed Order re #6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES. (Zelidon-Zepeda, Jose) (Filed on 5/15/2008)
May 15, 2008 Filing 9 RESPONSE in Support re #6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed byPaul Sullivan, D. Morales, J. Soto. (Zelidon-Zepeda, Jose) (Filed on 5/15/2008)
May 13, 2008 Filing 8 Letter dated 5/8/08: from Edward T. Furnace re CTF staff and access to law library. (aaa, Court Staff) (Filed on 5/13/2008)
May 2, 2008 Docket Number #7 Opposition: reflects a change of address for Petitioner which now reflects on the court docket. (aaa, Court Staff) (Filed on 5/2/2008)
April 30, 2008 Filing 7 MEMORANDUM in Opposition re #6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed byEdward Terran Furnace. (Related document(s) #6 ) (aaa, Court Staff) (Filed on 4/30/2008)
April 2, 2008 Filing 6 MOTION to Dismiss DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed by Paul Sullivan, D. Morales, J. Soto. (Zelidon-Zepeda, Jose) (Filed on 4/2/2008)
January 10, 2008 Summons Issued as to Paul Sullivan, D. Morales, J. Soto. (aaa, Court Staff) (Filed on 1/10/2008)
January 10, 2008 Sent by U.S. MAIL a copy of #5 Order of Service and a copy of the complaint to the California Attorney General's Office. Re #5 Order. (aaa, Court Staff) (Filed on 1/10/2008)
January 9, 2008 Opinion or Order Filing 5 ORDER OF SERVICE; DISMISSING NEGLIGENCE CLAIMS; DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION. The Clerk of the Court shall issue summons and the United States Marshal shall serve, without prepayment of fees, a copy of the complaint in this matter, all attachments thereto, and a copy of this order upon Correctional Officers Paul Sullivan, D. Morales, and J. Soto, at Salinas Valley State Prison. The Clerk shall also mail courtesy copy of the complaint and this order to the California Attorney General's Office. No later than ninety (90) days from the date of this order, defendants shall file a motion for summary judgment or other dispositive motion with respect to the claims in the complaint found to be cognizable above. Signed by Judge Maxine M. Chesney on January 9, 2008. (mmcsec, COURT STAFF) (Filed on 1/9/2008) Modified on 1/10/2008 (aaa, Court Staff).
January 9, 2008 Opinion or Order Filing 4 ORDER GRANTING #2 LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Maxine M. Chesney on January 9, 2008. (mmcsec, COURT STAFF) (Filed on 1/9/2008)
August 28, 2007 Filing 3 Prisoner Trust Fund Account Statement by Edward Terran Furnace. (far, COURT STAFF) (Filed on 8/28/2007) (aaa, COURT STAFF).
August 28, 2007 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Edward Terran Furnace. (far, COURT STAFF) (Filed on 8/28/2007) (aaa, COURT STAFF).
August 28, 2007 Filing 1 COMPLAINT against Paul Sullivan, D. Morales, J. Soto. Filed byEdward T. Furnace. (far, COURT STAFF) (Filed on 8/28/2007) (aaa, COURT STAFF).
August 28, 2007 CASE DESIGNATED for Electronic Filing. (far, COURT STAFF) (Filed on 8/28/2007)

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Plaintiff: Edward Terran Furnace
Represented By: Daniel H. Bookin
Represented By: Victoria Leigh Weatherford
Represented By: Ward Alexander Penfold
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Defendant: Paul E. Sullivan
Represented By: Jose A Zelidon-Zepeda
Represented By: Neah Huynh
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Defendant: D. Morales
Represented By: Jose A Zelidon-Zepeda
Represented By: Neah Huynh
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Defendant: J. Soto
Represented By: Jose A Zelidon-Zepeda
Represented By: Neah Huynh
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