Millare v. Stratton et al
| Moriano Millare |
| G. Stratton, A. Limon, G. Charlton, O. Shelland, S. Corcoran, F. Fernandez, T. Vasquez, D.R. Brown, H. Asbury, C. Moore, R. Olsen, R. Olivarria, B. Baeziger, B. Self, V. Sosa, Doe and K.A. Seibel |
| 3:2016cv01633 |
| June 24, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Joaquin |
| Cynthia Bashant |
| Mitchell D. Dembin |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
76
REPORT AND RECOMMENDATION re 55 MOTION to Dismiss filed by A. Limon. Court recommends that: 1.) Defendant's Motion be denied as to Plaintiff's First Amendment retaliation claim (count one), 2.) Defendant's Motion be granted with prejudice as to Plaintiff's Eighth Amendment claim (count twelve), 3.) Defendant's Motion be granted with prejudice as to Plaintiff's state law claims (counts thirteen, fourteen, and fifteen). Objections to R&R due by 11/13/2017. Replies due by 11/20/2017. Signed by Magistrate Judge Mitchell D. Dembin on 10/30/2017. (jah)
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Filing
69
ORDER denying without prejudice Plaintiff's 50 Motion to Compel a More Definite Answer. If, after making a good faith effort to meet and confer regarding specific challenges Plaintiff asserts against Defendants' objections, the parties reach an impasse, the parties may file a Joint Motion for Determination of Discovery Dispute by 10/18/2017. Signed by Magistrate Judge Mitchell D. Dembin on 9/15/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
45
REPORT AND RECOMMENDATION re 31 MOTION to Dismiss for Failure to State a Claim filed by G. Stratton, R. Olivarria, C. Moore, B. Baeziger, J. Corcoran, G. Charlton, B. Self, F. Fernandez, O. Shelland, K.A. Seibel, R. Olsen, T. Vasquez , V. Sosa, H. Asbury. Court recommends that Dfts' Motion be granted with prejudice as to Pla's Eighth Amendment claim against all Dfts (count twelve) and Dfts' Motion be granted with prejudice as to Pla's state law claims against Dft Corcoran (counts thirteen, fourteen, and fifteen). Objections to R&R due by 6/13/2017. Replies due by 6/20/2017. Signed by Magistrate Judge Mitchell D. Dembin on 5/23/2017. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
37
ORDER ADOPTING REPORT AND RECOMMENDATION. Court adopts 30 Report and Recommendation in its entirety. Granting in part and denying in part Defendants R. Olsen, F. Fernandez, H. Asbury, G. Stratton, G. Charlton, T. Vasquez, C. Moore, B. Self, B. Baen ziger, R. Olivarria, K.A. Seibel, and V. Sosa's 16 Motion to Dismiss for Failure to State a Claim, which was joined by Defendant O. Shelland 21 . Court denies Dfts R. Olsen, R. Olivarria, B. Baenziger, B. Self, and V. Sosa's request to dismiss Pla's tenth count for First Amendment retaliation. Court denies Dfts K.A. Seibel and G. Stratton's request to dismiss Pla's eleventh count for First Amendment retaliation. Court grants Dft R. Olsen, F. Fernandez, H. Asbury, G. Stratton, G. Charlton, T. Vasquez, C. Moore, B. Self, B. Baenziger, R. Olivarria, K.A. Siebel, V. Sosa, and O. Shelland's request to dismiss with prejudice Pla's twelfth count for violation of the Eighth Amendment. Court dismisses Pla' s twelfth count against Dfts without leave to amend. Court grants Dfts R. Olsen, F. Fernandez, H. S. Asbury, G. Stratton, G. Charlton, T. Vasquez, C. Moore, B. Self, B. Baenziger, R. Olivarria, K. A. Seibel, V. Sosa, and O. Shelland's request to dismiss with prejudice Pla's thirteenth, fourteenth, and fifteenth counts for violation of state law. Court dismisses Pla's thirteenth, Fourteenth, and fifiteenth counts against Dfts witiout leave to amend. Signed by Judge Cynthia Bashant on 4/5/2017. (All non-registered users served via U.S. Mail Service) (jah)
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