O'Brien v. Gularte et al
| Kory T. O'Brien |
| Lisa Gularte, Mike Bierbaum, Ed Flores and Anthony Ewoski |
| 3:2018cv00980 |
| May 16, 2018 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Mitchell D. Dembin |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
92
ORDER Granting Defendants' Motion for Summary Judgment (ECF No. 66 ). The Clerk of Court shall enter judgment in favor of Defendants Bierbaum, Ekwosi and Flores as to all federal claims in the Second Amended Complaint. Plaintiff's state law claims are dismissed without prejudice. Signed by Judge Cynthia Bashant on 6/30/20. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing
86
ORDER Granting in Part and Denying in Part Plaintiff's Moiton Objecting to Discovery Ruling of Magistrate Judge (ECF No. 83 ). Defendants are ordered to serve a complete response to Request No. 5, in accordance with the construction of the Request noted in this Order, by 6/11/20. Signed by Judge Cynthia Bashant on 5/28/20. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing
77
ORDER Denying Plaintiff's Motion for Appointment of Counsel Pursuant to 28 U.S.C. § 1915(e)(1) (ECF No. 71 ). Motion is denied without prejudice. Signed by Magistrate Judge Mitchell D. Dembin on 3/4/20. (All non-registered users served via U.S. Mail Service)(jmo)
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Filing
62
ORDER Denying Plaintiff's Motion to Compel Discovery Responses. Plaintiff's request for expenses is denied. Signed by Magistrate Judge Mitchell D. Dembin on 2/6/20. (All non-registered users served via U.S. Mail Service)(jmo) (dlg).
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Filing
51
ORDER granting Defendants' 44 Motion to Dismiss for Failure to State a Claim. Court overrules Plaintiff's Objection 49 . Court approves and adopts 48 Report and Recommendation. Defendants Gularte and Garcia are dismissed without prej udice. Plaintiff's following claims against Defendants Ekwosi, Bierbaum, and Flores remain: 1.) Eighth Amendment failure to protect claim, 2.) First Amendment retaliation claim, 3.) Fourteenth Amendment Due Process Clause state-created danger claim, and 4.) California state law claim. Signed by Judge Cynthia Bashant on 6/20/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
48
REPORT AND RECOMMENDATION re 44 MOTION to Dismiss Second Amended Complaint for Failure to State a Claim filed by Lisa Gularte, Ed Flores, Mike Bierbaum, Anthony Ewoski. Court recommends that the District Judge issue an order: 1) approving an d adopting this Report and Recommendation, 2) granting Defendants' Motion to Dismiss as to the First and Eighth Amendment claims against Defendant Garcia without prejudice, 3) granting Defendants' Motion to Dismiss the Fourteenth Amendment claim as to all Defendants without leave to amend. If Court's recommendations are adopted, the following claims remain pending: 1) Eighth Amendment failure to protect claim against Defendants Ekwosi, Bierbaum, and Flores, 2) First Amendment Re taliation claims against Defendants Ekwosi, Bierbaum, and Flores, and 3) Plaintiff's California state law claims. Objections to R&R due by 6/11/2019. Replies due by 6/28/2019. Signed by Magistrate Judge Mitchell D. Dembin on 5/21/2019. (All non-registered users served via U.S. Mail Service) (jah)
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Filing
36
ORDER:(1) DISMISSING CLAIM AGAINST DEFENDANT R. GARCIA WITHOUT PREJUDICE PURSUANT TO SUA SPONTE SCREENINGAND(2) GRANTING DEFENDANTS MOTION TO DISMISS IN ITS ENTIRETYECF No. [ 26]. Signed by Judge Cynthia Bashant on 1/2/2019. (All non-registered users served via U.S. Mail Service)(sjm)
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Filing
9
ORDER Denying Motion for Appointment of Counsel (ECF No. 8 ). Signed by Judge Cynthia Bashant on 8/6/2018. (All non-registered users served via U.S. Mail Service)(jdt)
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