Rhodes v. Corrections Corporation of America et al

Federal Civil Lawsuit Arizona District Court, Case No. 2:17-cv-00333
District Judge Douglas L. Rayes, presiding
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District Judge Douglas L. Rayes
Last Updated July 28, 2025 at 4:06 AM EDT (5.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [1B46327], Plaintiff
v.
No Logo California Department of Corrections, Defendant
Corrections Corporation of America Corrections Corporation of America, Defendant

Represented by Struck Love Bojanowski & Acedo, PLC

Name Phone Fax E-Mail
Space Anne Marie Orcutt Anne.Orcutt@sandersparks.com
Space Timothy Michael Ray tray@strucklove.com
Space Daniel Patrick Struck dstruck@strucklove.com

Represented by Struck Wieneke & Love PLC

Name Phone Fax E-Mail
Space Mark Allen Bracken +1 602 240 6900 +1 602 240 2345 mbracken@swlfirm.com
Attributes
Nature of Suit 555 - Civil Rights (Prison Condition)
Cause Section 42 U.S.C. § 1983 Prisoner Civil Rights
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Monetary Demand $750,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 124 Filed: 3/5/2020, Entered: 3/5/2020 Court Filing
ORDER - The Court has reviewed the parties' Stipulation to Dismiss with Prejudice. (Doc. 123 ) For good cause shown, IT IS ORDERED that the Clerk of Court is directed to dismiss all claims filed in this matter with prejudice, each party to bear their own attorneys' fees and costs. Signed by Judge Douglas L Rayes on 3/4/20. (SLQ)
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Legal Document (Payment Possibly Required) 123 Filed: 3/4/2020, Entered: 3/4/2020
STIPULATION of Dismissal by Corrections Corporation of America. (Attachments: # 1 Text of Proposed Order of Dismissal with Prejudice)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 122 Filed: 2/13/2020, Entered: 2/13/2020 Court Filing
ORDER re: 121 Notice of Settlement - IT IS ORDERED that this matter will, without further Order of this Court, be dismissed within 30 days of the date of this order unless a stipulation to dismiss is filed prior to the dismissal date. IT IS FURTHER ORDERED vacating any pending hearings. IT IS FURTHER ORDERED denying all pending motions as moot. IT IS FURTHER ORDERED directing the Clerk of the Court to terminate this matter on March 16, 2020 without further leave of Court. Signed by Judge Douglas L Rayes on 2/13/2020. (LAD)
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Legal Document (Payment Possibly Required) 121 Filed: 2/12/2020, Entered: 2/12/2020
NOTICE of Settlement by Corrections Corporation of America. (Ray, Timothy)
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Blank 120 Filed: 2/4/2020, Entered: 2/4/2020 Court Filing
ORDER: Telephonic Trial Scheduling Conference set for 2/21/2020 at 09:30 AM. Counsel for Defendant shall make the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. Signed by Judge Douglas L Rayes on 2/4/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
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Blank 119 Filed: 1/27/2020, Entered: 1/27/2020 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Settlement Conference held on 1/27/2020. Settlement not reached. APPEARANCES: Pro Se Plaintiff 1B46327. Daniel Struck and Timothy Ray for Defendants with Client Representative, Chris Howard. Introduction to Settlement Conference 1:22 PM to 1:27 PM (Recorded by COURTSMART.) Remainder of settlement conference not recorded. Hearing held 1:22 PM to 3:43 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CIS)
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Legal Document (Payment Possibly Required) 118 Filed: 1/14/2020, Entered: 1/14/2020 Court Filing
ORDER - IT IS ORDERED that the reference of this case to the magistrate judge is withdrawn subject to the further order of the court. Signed by Judge Douglas L Rayes on 1/14/2020. (MSA)
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Legal Document (Payment Possibly Required) 117 Filed: 1/13/2020, Entered: 1/13/2020 Court Filing
ORDER - The reference to the Magistrate Judge is withdrawn as to the 115 Motion for Reconsideration. The 115 Motion for Reconsideration is denied. All other matters must remain with the Magistrate Judge for disposition as appropriate. See document for complete details. Signed by Judge Douglas L Rayes on 1/13/2020. (MSA)
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Blank 116 Filed: 1/7/2020, Entered: 1/8/2020 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge Deborah M Fine: Telephonic Status Conference re: Settlement Conference held on 1/7/2020. Planning issues and appearances are discussed. APPEARANCES: Telephonic appearance by Pro Se Plaintiff 1B46327. Telephonic appearance by Daniel Struck and Timothy Ray for Defendants. (Recorded by COURTSMART.) Hearing held 11:02 AM to 11:24 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CIS)
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Legal Document (Payment Possibly Required) 115 Filed: 12/17/2019, Entered: 12/17/2019
*MOTION for Reconsideration of 112 Order by Corrections Corporation of America. (Attachments: # 1 Text of Proposed Order)(Ray, Timothy) *Modified on 12/18/2019 to add document linkage (MSA).
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Legal Document (Payment Possibly Required) 114 Filed: 12/13/2019, Entered: 12/13/2019 Court Filing
ORDER/NOTICE FOR SETTLEMENT CONFERNECE - Telephonic Status Conference is set on Tuesday, January 7, 2020, at 11:00 a.m. before United States Magistrate Judge Deborah M. Fine, 602-322-7630. All counsel who will participate in the Settlement Conference shall participate in the Telephonic Status Conference. All parties and their counsel who are responsible for the case SHALL physically appear before the undersigned Settlement Judge, 401 W. Washington St., Courtroom 304, Phoenix, Arizona, on Monday, January 27, 2020, at 1:15 p.m. See document for complete details. Signed by Magistrate Judge Deborah M Fine on 12/13/19. (MSA)
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Legal Document (Payment Possibly Required) 113 Filed: 12/4/2019, Entered: 12/4/2019 Court Filing
ORDER - IT IS THEREFORE ORDERED the parties have through January 2, 2020, to file all remaining pretrial motions (excluding motions related to the conduct of trial, e.g. motions in limine, which are properly directed to the district judge who will try the case upon withdrawal of the reference of the case to the magistrate judge). See document for complete details. Signed by Magistrate Judge James F Metcalf on 12/4/19. (MSA)
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Legal Document (Payment Possibly Required) 112 Filed: 12/3/2019, Entered: 12/3/2019 Court Filing
ORDER - The reference to the Magistrate Judge is withdrawn as to Defendant's 91 Motion for Summary Judgment. Defendant's 91 Motion for Summary Judgment is granted as to Plaintiff's Eighth Amendment claim and denied as to Plaintiff's Fourth and Fourteenth Amendment claims. This action is referred to Magistrate Judge Deborah M. Fine to conduct a settlement conference. Defense counsel shall arrange for the relevant Parties to jointly call Magistrate Judge Fine's chambers within 14 days to schedule a date for the settlement conference. See document for complete details. Signed by Judge Douglas L Rayes on 12/3/19. (MSA)
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Legal Document (Payment Possibly Required) 111 Filed: 7/12/2019, Entered: 7/12/2019 Court Filing
ORDER: Plaintiff's Motion for Issuance of Subpoena, filed July 12, 2019 110 is DENIED. Signed by Magistrate Judge James F Metcalf on 7/12/2019. (REK)
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Legal Document (Payment Possibly Required) 110 Filed: 7/10/2019, Entered: 7/12/2019
MOTION for Issuance of Subpoena by 1B46327. (SST) (52 pages)
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Legal Document (Payment Possibly Required) 109 Filed: 7/10/2019, Entered: 7/11/2019
NOTICE of Service by 1B46327 re: 102 Statement of Facts, 101 Response to Motion for Summary Judgment and Affidavit, Separate Protective Order for Medical Reports, Required Parley Affidavit Hors de Combat. (LAD) (2 pages)
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Legal Document (Payment Possibly Required) 108 Filed: 7/10/2019, Entered: 7/11/2019
CERTIFICATE OF SERVICE by 1B46327 re: 102 Statement of Facts, 101 Response (Opposition) to Motion for Summary Judgment and Affidavit. (LAD) (2 pages)
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Legal Document (Payment Possibly Required) 107 Filed: 7/9/2019, Entered: 7/9/2019 Court Filing
ORDER - IT IS THEREFORE ORDERED that Plaintiff's "Opposition to Defendants' Motion for Summary Judgment" (Doc. 101 ) and Plaintiff's "Opposition to Statement of Facts in Support of Motion for Summary Judgment" (Doc. 102 ) filed June 27, 2019, be STRICKEN. (See document for further details). Signed by Magistrate Judge James F Metcalf on 7/9/19. (LAD)
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Legal Document (Payment Possibly Required) 106 Filed: 7/3/2019, Entered: 7/3/2019 Court Filing
ORDER on Appeal of Magistrate Judge Decision to District Court. Magistrate Judge Metcalf's April 29, 2019 order is AFFIRMED. Signed by Judge Douglas L Rayes on 7/3/19. (EJA)
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Sealed Legal Document 105 Filed: 7/2/2019, Entered: 7/2/2019 Court Filing
ORDER That Plaintiff's Notice of Service, filed June 27, 2019 (Doc. 103 ) be STRICKEN. FURTHER ORDERED that within seven days of the filing of this Order, Plaintiff shall file a separate certificate of service, indicating the date, means and targets of service, for his Statement of Facts and the attached Affidavit ("Require Parley: Hors de Combat") (Doc. 102 ), and his Motion to Seal ("Protective Order") and attached exhibits (Doc. 104 ). FURTHER ORDERED that Plaintiff's "(Protective Order) Medical Records", etc., filed June 27, 2019 (Doc. 104 ) is CONSTRUED as a motion to seal, and is conditionally GRANTED. FURTHER ORDERED that the Exhibits to the Motion to Seal (Doc. 104 ) be filed under seal, and be deemed by the parties designated CONFIDENTIAL INFORMATION by Plaintiff pursuant to the Court's Protective Order filed August 20, 2018 (Doc. 54 ). Signed by Magistrate Judge James F Metcalf on 7/2/19. (MAP)
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Sealed Legal Document 104 Filed: 6/27/2019, Entered: 7/1/2019
SEALED MOTION to Seal by 1B46327. (Attachments: # 1 Exhibit) (LAD) (26 pages, entitled (Protective Order) Medical Records and Interrogatory Evidence from Facility Investigator)
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Legal Document (Payment Possibly Required) 103 Filed: 6/27/2019, Entered: 7/1/2019
*STRICKEN By Doc. 105 *NOTICE of Service of Documents by 1B46327. (MSA) *Modified on 7/2/2019 (MAP).
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Legal Document (Payment Possibly Required) 102 Filed: 6/27/2019, Entered: 7/1/2019
** STRICKEN BY 107 ORDER ** STATEMENT OF FACTS in support of 101 Response and Opposition to Motion for Summary Judgment by Plaintiff 1B46327. (MSA) Modified on 7/9/2019 (LAD).
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Legal Document (Payment Possibly Required) 101 Filed: 6/27/2019, Entered: 7/1/2019
** STRICKEN BY 107 ORDER ** RESPONSE and Opposition to 91 MOTION for Summary Judgment filed by 1B46327. (MSA) Modified on 7/9/2019 (LAD).
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Legal Document (Payment Possibly Required) 100 Filed: 6/27/2019, Entered: 6/27/2019
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 99 Filed: 6/11/2019, Entered: 6/11/2019 Court Filing
RESPONSE re: 97 Appeal of Mag Judge Decision to Dist Court (Rule 72(a) Objection) by Defendant Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 98 Filed: 6/4/2019, Entered: 6/4/2019
REPLY to Response to Motion re: 91 MOTION for Summary Judgment filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 97 Filed: 6/3/2019, Entered: 6/4/2019
APPEAL OF MAGISTRATE JUDGE DECISION TO DISTRICT COURT by 1B46327 re: 87 Order on Motion for Miscellaneous Relief. (11 pages) (REK)
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Legal Document (Payment Possibly Required) 96 Filed: 5/20/2019, Entered: 5/21/2019
RESPONSE to Motion re: 91 MOTION for Summary Judgment filed by 1B46327. (EJA)
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Legal Document (Payment Possibly Required) 95 Filed: 5/17/2019, Entered: 5/17/2019 Court Filing
ORDER: Plaintiff shall have through June 24, 2019 within which to file a response to Defendants' Motion for Summary Judgment, filed May 15, 2019 91 , together with a separate Statement of Facts in support of his response, supporting affidavits and other appropriate exhibits. Defendants shall have 15 days following service of the response in which to file a reply. The Motion for Summary Judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge James F Metcalf on 5/16/2019. (REK)
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Legal Document (Payment Possibly Required) 94 Filed: 5/16/2019, Entered: 5/16/2019
NOTICE of Errata re: 92 Statement of Facts by Defendant Corrections Corporation of America.. (Attachments: # 1 Exhibit)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 93 Filed: 5/16/2019, Entered: 5/16/2019
NOTICE of Errata re: 91 MOTION for Summary Judgment by Defendant Corrections Corporation of America.. (Attachments: # 1 Exhibit)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 92 Filed: 5/15/2019, Entered: 5/15/2019
STATEMENT OF FACTS re: 91 MOTION for Summary Judgment by Defendant Corrections Corporation of America. (Attachments: # 1 Appendix, # 2 Exhibit 1-2, # 3 Exhibit 3, # 4 Exhibit 4-5)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 91 Filed: 5/15/2019, Entered: 5/15/2019
MOTION for Summary Judgment by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 90 Filed: 5/13/2019, Entered: 5/13/2019 Court Filing
ORDER denying Plaintiff's 85 Motion to Extend. See document for complete details. Signed by Magistrate Judge James F Metcalf on 5/13/19. (MSA)
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Legal Document (Payment Possibly Required) 89 Filed: 5/10/2019, Entered: 5/10/2019
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 88 Filed: 4/30/2019, Entered: 4/30/2019
RESPONSE in Opposition re: 85 MOTION for Extension of Time to Complete Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 87 Filed: 4/29/2019, Entered: 4/29/2019 Court Filing
ORDER denying 86 Motion to Enforce Subpoena. See document for complete details. Signed by Magistrate Judge James F Metcalf on 4/29/19. (MSA)
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Legal Document (Payment Possibly Required) 86 Filed: 4/25/2019, Entered: 4/26/2019
MOTION Enforcement of Subpoena by 1B46327. (23 pages) (MSA)
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Legal Document (Payment Possibly Required) 85 Filed: 4/17/2019, Entered: 4/18/2019
MOTION to Extend Discovery Disclosure 60 days and Request for Disclosure of CD's in Original Format by 1B46327. (2 pages) (MSA)
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Legal Document (Payment Possibly Required) 84 Filed: 3/22/2019, Entered: 3/22/2019
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 83 Filed: 3/5/2019, Entered: 3/5/2019
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 82 Filed: 2/22/2019, Entered: 2/22/2019 Court Filing
ORDER granting Defendant's Unopposed 81 Motion to Request Permission to Attend Deposition. See document for complete details. Signed by Magistrate Judge James F Metcalf on 2/22/19. (MSA)
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Legal Document (Payment Possibly Required) 81 Filed: 2/11/2019, Entered: 2/11/2019
MOTION for Leave to Appear at Deposition by Corrections Corporation of America. (Attachments: # 1 Text of Proposed Order)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 80 Filed: 2/11/2019, Entered: 2/11/2019
AMENDED NOTICE of Deposition of Plaintiff 1B46327, filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 79 Filed: 2/11/2019, Entered: 2/11/2019
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 78 Filed: 2/7/2019, Entered: 2/7/2019 Court Filing
ORDER that Defendant's Unopposed Motion to Extend, filed February 1, 2019 77 is GRANTED. IT IS THEREFORE ORDERED that Defendants have through March 25, 2019 to depose Plaintiff. Signed by Magistrate Judge James F Metcalf on 2/06/2019. (REK)
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Legal Document (Payment Possibly Required) 77 Filed: 2/1/2019, Entered: 2/1/2019
MOTION for Extension of Time for Date of Taking Plaintiff's Deposition by Corrections Corporation of America. (Attachments: # 1 Text of Proposed Order)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 76 Filed: 1/25/2019, Entered: 1/25/2019 Court Filing
ORDER - IT IS THEREFORE ORDERED that Plaintiff's Notice of Deposition of Defendant's Attorney (Doc. 70 ), Notice of Deposition of Plaintiff (Doc. 71 ), and Notice of Deposition of Horn (Doc. 72 ), filed January 22, 2018, are QUASHED. IT IS FURTHER ORDERED that before scheduling a deposition of Defendant's counsel, Plaintiff shall obtain leave of the Court by filing a motion for leave establishing the need for such deposition. IT IS FURTHER ORDERED that Plaintiff's Request for Production of Documents, filed January 22, 2019 (Doc. 73 ) shall be STRICKEN. IT IS FURTHER ORDERED that Plaintiff's Notice of Related Cases, filed January 22, 2018 (Doc. 74 ) shall be STRICKEN. (See document for complete details). Signed by Magistrate Judge James F Metcalf on 1/25/19. (SLQ)
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Legal Document (Payment Possibly Required) 75 Filed: 1/22/2019, Entered: 1/23/2019
Certificate of Service by 1B46327 re: 71 Notice of Deposition, 73 Request, 74 Notice (Other), 70 Notice of Deposition, 72 Notice of Deposition. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 74 Filed: 1/22/2019, Entered: 1/23/2019
*STRICKEN by 76 * NOTICE of Related Cases by 1B46327. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4)(SLQ) (296 pages). Modified on 1/25/2019 (SLQ).
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Legal Document (Payment Possibly Required) 73 Filed: 1/22/2019, Entered: 1/23/2019
*STRICKEN by 76 * REQUEST for Production of Evidence Pursuant to Rule 34 FRCP and Freedom of Information Act by Plaintiff 1B46327. (SLQ) (2 pages). Modified on 1/25/2019 (SLQ).
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Legal Document (Payment Possibly Required) 72 Filed: 1/22/2019, Entered: 1/23/2019
*QUASHED by 76 * NOTICE of Deposition of Elizabeth Horn, filed by 1B46327. (SLQ) (2 pages). Modified on 1/25/2019 (SLQ).
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Legal Document (Payment Possibly Required) 71 Filed: 1/22/2019, Entered: 1/23/2019
*QUASHED by 76 * NOTICE of Deposition of 1B46327, filed by 1B46327. (SLQ) (2 pages). Modified on 1/25/2019 (SLQ).
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Legal Document (Payment Possibly Required) 70 Filed: 1/22/2019, Entered: 1/23/2019
*QUASHED by 76 * NOTICE of Deposition of Corrections Corporation of America / Core Civic Contract Attorney, filed by 1B46327. (SLQ) (2 pages). Modified on 1/25/2019 (SLQ).
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Legal Document (Payment Possibly Required) 69 Filed: 1/11/2019, Entered: 1/11/2019
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 68 Filed: 1/10/2019, Entered: 1/10/2019
NOTICE of Deposition of 1B46327, filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 67 Filed: 12/26/2018, Entered: 12/27/2018
NOTICE of Service of Discovery re: Notarized Releases and Expert Disclosures filed by 1B46327 (5 pages). (Attachments: # 1 Certificate of Service)(DXD)
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Legal Document (Payment Possibly Required) 66 Filed: 12/26/2018, Entered: 12/27/2018
NOTICE of Service of Discovery re: Expert Witnesses filed by 1B46327. (DXD)
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Legal Document (Payment Possibly Required) 65 Filed: 12/14/2018, Entered: 12/14/2018 Court Filing
ORDER - Plaintiff's 62 Notice of Related Cases, filed December 10, 2018 shall be STRICKEN. IT IS FURTHER ORDERED that Plaintiff's 63 Exhibit List, filed December 20, 2018 shall be STRICKEN. IT IS FURTHER ORDERED that any remaining copy of such filings (Docs. 62 and 63 ) retained by the Clerk shall remain UNDER SEAL. See document for complete details. Signed by Magistrate Judge James F Metcalf on 12/13/18. (MSA)
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Legal Document (Payment Possibly Required) 64 Filed: 12/13/2018, Entered: 12/13/2018 Court Filing
ORDER: Plaintiff's Expert Witness Disclosure (Doc. 60 shall be STRICKEN. FURTHER ORDERED that within seven days of the filing of this Order, Plaintiff shall file a notice of service evidencing his service of such disclosures (Doc. 60 ). Signed by Magistrate Judge James F Metcalf on 12/12/18. (EJA)
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Legal Document (Payment Possibly Required) 61 Filed: 12/11/2018, Entered: 12/11/2018
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 63 Filed: 12/10/2018, Entered: 12/12/2018
*STRICKEN BY 65 ORDER* Sealed Exhibit List by 1B46327. (MAP) *Modified on 12/14/2018 (MSA).
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Legal Document (Payment Possibly Required) 62 Filed: 12/10/2018, Entered: 12/12/2018
*STRICKEN BY 65 ORDER* Sealed Notice of Related Cases by 1B46327. (MAP) Modified on 12/14/2018 (MSA).
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Legal Document (Payment Possibly Required) 60 Filed: 12/10/2018, Entered: 12/11/2018
*STRICKEN pursuant to (Doc. 64 ) Plaintiff Expert Witness Rule FRCP 26(a)(2)(B) by 1B46327. (7 pages) (REK) Modified on 12/13/2018 (EJA).
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Legal Document (Payment Possibly Required) 59 Filed: 12/3/2018, Entered: 12/4/2018
NOTICE of Service by 1B46327. (MSA)
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Legal Document (Payment Possibly Required) 58 Filed: 11/19/2018, Entered: 11/19/2018 Court Filing
ORDER - Discovery due by 3/29/2019. Dispositive motions due by 5/15/2019. (See attached Order for details). Signed by Magistrate Judge James F Metcalf on 11/16/2018. (KAS)
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Legal Document (Payment Possibly Required) 57 Filed: 11/16/2018, Entered: 11/16/2018 Court Filing
MINUTE ENTRY for proceedings held before Magistrate Judge James F Metcalf: Telephonic Discovery Hearing held on 11/16/2018. At their request, Plaintiff 1B46327, pro se, and Defendant Corrections Corporation of America, through counsel Timothy Ray, appeared telephonically for a discovery conference with the Court. Plaintiff voices various objections to requests for production. Defendant argues the records are relevant in light of the claims of physical and mental damages, and the protective order adequately addresses Plaintiff's privacy concerns. Plaintiff references administrative challenges to institutional records already accessed. Defendant expresses concern over the impending deposition deadline in light of the time required to obtain these disputed records.Written Order to follow. (Recorded by COURTSMART.) Hearing held 11:21 AM to 11:39 AM.(KAS)
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Blank 56 Filed: 11/8/2018, Entered: 11/8/2018 Court Filing
MINUTE ORDER: On request of the parties, telephonic discovery conference set for 11/16/2018 at 11:15 AM before Magistrate Judge James F Metcalf, counsel for Defendants initiate conference call between the parties and the Court. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JFM, nm)
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Legal Document (Payment Possibly Required) 55 Filed: 9/4/2018, Entered: 9/5/2018
NOTICE of Service of Discovery filed by 1B46327. (LAD) (2 pages)
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Legal Document (Payment Possibly Required) 54 Filed: 8/20/2018, Entered: 8/20/2018 Court Filing
ORDER - The following Protective Order is entered to govern the dissemination of documents and information exchanged between the parties in this matter. (See document for further details). Signed by Magistrate Judge James F Metcalf on 8/20/18. (LAD)
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Legal Document (Payment Possibly Required) 53 Filed: 8/20/2018, Entered: 8/20/2018 Court Filing
ORDER - IT IS THEREFORE ORDERED that Defendant's Motion for Protective Order, filed July 25, 2018 (Doc. 45 ) is GRANTED to the extent of the relief granted by separate order. (See document for further details). Signed by Magistrate Judge James F Metcalf on 8/20/18. (LAD)
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Legal Document (Payment Possibly Required) 52 Filed: 8/13/2018, Entered: 8/13/2018
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 51 Filed: 8/9/2018, Entered: 8/9/2018 Court Filing
ORDER: The Parties' Stipulation to Amend Schedule 50 is GRANTED. All requests for discovery shall be served by January 18, 2019. All dispositive motions shall be filed by March 22, 2019. All other pretrial motions shall be filed by April 19, 2019. IT IS FURTHER ORDERED that Plaintiff shall have through September 3, 2018 to respond to Defendant's discovery requests served June 29, 2018 40 . See document for further details. Signed by Magistrate Judge James F Metcalf on 8/09/2018. (REK)
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Legal Document (Payment Possibly Required) 50 Filed: 8/8/2018, Entered: 8/8/2018
STIPULATION to Extend Discovery Deadlines by Corrections Corporation of America. (Attachments: # 1 Text of Proposed Order)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 49 Filed: 8/6/2018, Entered: 8/6/2018 Court Filing
ORDER granting 48 Motion to Extend. IT IS FURTHER ORDERED that Plaintiff shall have through August 17, 2018 to respond to Defendant's discovery requests served June 29, 2018 (Doc. 40 ). (See document for further details). Signed by Magistrate Judge James F Metcalf on 8/6/18. (LAD)
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Legal Document (Payment Possibly Required) 48 Filed: 8/2/2018, Entered: 8/3/2018
NOTICE of Delayed Service...and MOTION (REQUEST) Two Week Extension to Scan and Prepare Requested Documents for Filing by 1B46327. (LAD) (5 pages)
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Legal Document (Payment Possibly Required) 47 Filed: 7/26/2018, Entered: 7/26/2018 Court Filing
ORDER denying 44 Plaintiff's Motion for Confidential Responses. Signed by Magistrate Judge James F Metcalf on 7/26/18. (EJA)
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Legal Document (Payment Possibly Required) 46 Filed: 7/25/2018, Entered: 7/26/2018
NOTICE of Service of Discovery filed by 1B46327. (Attachments: # 1 Certificate of Service) (2 pages)(JJH)
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Legal Document (Payment Possibly Required) 45 Filed: 7/25/2018, Entered: 7/25/2018
MOTION for Protective Order by Corrections Corporation of America. (Attachments: # 1 Text of Proposed Order)(Ray, Timothy)
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Legal Document (Payment Possibly Required) 44 Filed: 7/23/2018, Entered: 7/25/2018
MOTION for Order for CDCR to Confidentially Respond to Request for Admissions by 1B46327. (EJA)
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Legal Document (Payment Possibly Required) 43 Filed: 7/17/2018, Entered: 7/17/2018 Court Filing
ORDER - IT IS THEREFORE ORDERED that Plaintiff's Interrogatories to Defendants (Doc. 39 ), Second Set of Interrogatories (Doc. 41 ), and Requests for Admissions (Doc. 42 ), shall be STRICKEN. IT IS FURTHER ORDERED that within seven days of the filing of this Order, Plaintiff shall file a notice of service evidencing his service of such discovery (Docs. 39 , 41 , and 42 ). (See document for further details). Signed by Magistrate Judge James F Metcalf on 7/17/18. (LAD)
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Legal Document (Payment Possibly Required) 42 Filed: 7/13/2018, Entered: 7/17/2018
** STRICKEN BY 43 ** NOTICE re: Requests for Admissions by 1B46327. (7 pages) (REK) Modified on 7/17/2018 (LAD).
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Legal Document (Payment Possibly Required) 41 Filed: 7/13/2018, Entered: 7/17/2018
** STRICKEN BY 43 ORDER ** NOTICE re: Interrogatories by 1B46327. (16 pages) (REK) Modified on 7/17/2018 (LAD).
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Legal Document (Payment Possibly Required) 40 Filed: 6/29/2018, Entered: 6/29/2018
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 39 Filed: 6/18/2018, Entered: 6/19/2018
** STRICKEN BY 43 ORDER ** Federal Rules of Civil Procedure Rule 33 Interrogatories by 1B46327. (20 pages) (MSA) Modified on 7/17/2018 (LAD).
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Legal Document (Payment Possibly Required) 38 Filed: 5/29/2018, Entered: 5/29/2018 Court Filing
*ORDER: Discovery due by 9/21/2018. Dispositive motions due by 11/23/2018. Pretrial Motions due by 12/21/2018. In all other respects, the Court's original 31 Scheduling Order, including extension of deadlines as a result of pending dispositive motions, shall remain in effect. See Order for further details. Signed by Magistrate Judge James F Metcalf on 5/29/18. (MSA) * Modified on 5/31/2018 to edit docket text (MSA).
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Legal Document (Payment Possibly Required) 37 Filed: 5/25/2018, Entered: 5/25/2018
REPORT of Rule 26(f) Planning Meeting by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 36 Filed: 5/7/2018, Entered: 5/7/2018
NOTICE of Service of Discovery filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 35 Filed: 5/3/2018, Entered: 5/4/2018
NOTICE of Service of Discovery filed by 1B46327 (34 pages). (DXD)
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Legal Document (Payment Possibly Required) 34 Filed: 4/13/2018, Entered: 4/13/2018
Corporate Disclosure Statement by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 33 Filed: 4/13/2018, Entered: 4/13/2018
DEFENDANT'S DEMAND for Jury Trial by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 32 Filed: 4/13/2018, Entered: 4/13/2018
Defendant's ANSWER to 29 Amended Complaint with Jury Demand by Corrections Corporation of America.(Ray, Timothy)
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Legal Document (Payment Possibly Required) 31 Filed: 3/26/2018, Entered: 3/26/2018 Court Filing
SCHEDULING ORDER: Discovery due by 7/24/2018. Dispositive motions due by 9/24/2018. IT IS FURTHER ORDERED that the parties shall comply with the Rule 26(f), Federal Rules of Civil Procedure, by meeting or conducting a telephone conference within 28 days of the filing of this Order, and shall submit to the Court their Joint Case Management Report on or before May 28, 2018. [See attached Order for details]. Signed by Magistrate Judge James F Metcalf on 03/26/2018. (KAS)
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Legal Document (Payment Possibly Required) 30 Filed: 3/23/2018, Entered: 3/23/2018 Court Filing
ORDER - Defendant CCA must answer the Second Amended Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. This matter is referred to Magistrate Judge James F. Metcalf pursuant toRules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Judge Douglas L Rayes on 03/23/2018. (KAS)
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Legal Document (Payment Possibly Required) 29 Filed: 10/26/2017, Entered: 10/27/2017
SECOND AMENDED COMPLAINT against Corrections Corporation of America filed by 1B46327.(SLQ)(8 pages).
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Legal Document (Payment Possibly Required) 28 Filed: 10/2/2017, Entered: 10/2/2017 Court Filing
ORDER - Plaintiff's Motion for Extension of Time (Doc. 26 ) is granted to the extent that Plaintiff will have 30 days from filing date of this Order to file a second amended complaint in compliance with the Court's August 15, 2017 Order and this Order. If Plaintiff fails to file a second amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice. (See document for further details). Signed by Judge Douglas L Rayes on 10/2/17. (SLQ)
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Legal Document (Payment Possibly Required) 27 Filed: 9/28/2017, Entered: 9/28/2017
RESPONSE in Opposition re: 26 MOTION to Stay filed by Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 26 Filed: 9/15/2017, Entered: 9/18/2017
MOTION for Stay of Abeyance Postponing the Filing of the Second Amended Complaint by 1B46327. (SLQ) (3 pages).
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Legal Document (Payment Possibly Required) 25 Filed: 9/7/2017, Entered: 9/7/2017
NOTICE of Appearance by Timothy Michael Ray on behalf of Corrections Corporation of America. (Ray, Timothy)
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Legal Document (Payment Possibly Required) 24 Filed: 9/1/2017, Entered: 9/1/2017
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Daniel Patrick Struck. (Struck, Daniel)
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Legal Document (Payment Possibly Required) 23 Filed: 8/28/2017, Entered: 8/28/2017
NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Daniel Patrick Struck. (Struck, Daniel)
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Legal Document (Payment Possibly Required) 22 Filed: 8/28/2017, Entered: 8/28/2017
NOTICE of Attorney Withdrawal Anne M. Orcutt filed by Daniel Patrick Struck. (Struck, Daniel)
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Legal Document (Payment Possibly Required) 21 Filed: 8/15/2017, Entered: 8/15/2017 Court Filing
ORDER - The First Amended Complaint (Doc. 18 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. If Plaintiff fails to file a second amended complaint within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice. Signed by Judge Douglas L Rayes on 08/15/2017. (KAS)
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Legal Document (Payment Possibly Required) 20 Filed: 6/29/2017, Entered: 6/30/2017
RESPONSE TO ORDER TO SHOW CAUSE re: 19 Order to Show Cause, Set Deadlines by Plaintiff 1B46327. (REK)
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Legal Document (Payment Possibly Required) 19 Filed: 6/22/2017, Entered: 6/22/2017 Court Filing
ORDER TO SHOW CAUSE - Plaintiff is ORDERED TO SHOW CAUSE, in writing, within 30 days of the date this Order is filed, why this case should not be dismissed as barred by the statute of limitations. Plaintiffs written response shall be limited to this issue only. The Clerk of Court must enter a judgment of dismissal of this action without further notice to Plaintiff, if Plaintiff fails to comply. Signed by Judge Douglas L Rayes on 6/21/2017. (ATD)
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Legal Document (Payment Possibly Required) 18 Filed: 5/18/2017, Entered: 5/19/2017
FIRST AMENDED COMPLAINT against Corrections Corporation of America filed by 1B46327. (SLQ) (8 pages).
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Legal Document (Payment Possibly Required) 17 Filed: 4/18/2017, Entered: 4/18/2017 Court Filing
ORDER that the Complaint (filed in the Sacramento County Superior Court and attached as Exh. A to Doc. 1 ) is dismissed for failure to file on the court- approved form. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action without prejudice. The Clerk of Court must mail Plaintiff a court-approved form for filing a civil rights complaint by a prisoner. Signed by Judge Douglas L Rayes on 4/18/17. (KGM)
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Legal Document (Payment Possibly Required) 16 Filed: 2/3/2017, Entered: 2/3/2017
NOTICE of Attorney Substitution by Anne Marie Orcutt. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 15 Filed: 2/2/2017, Entered: 2/2/2017
NOTICE OF ASSIGNMENT. (MAP)
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Legal Document (Payment Possibly Required) 14 Filed: 2/2/2017, Entered: 2/2/2017
CASE TRANSFERRED IN from District of California Eastern; Case Number 2:16-cv-01763 . Original file certified copy of transfer order and docket sheet received
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Blank  Filed: 1/31/2017, Entered: 1/31/2017
SERVICE BY MAIL: 13 Order, served on 1B46327. (Dillon, M) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 13 Filed: 1/31/2017, Entered: 1/31/2017 Court Filing
ORDER signed by Magistrate Judge Deborah Barnes on 1/30/17 ORDERING that 4 Motion to Dismiss is GRANTED IN PART and this case is TRANSFERRED to the District of Arizona. (Dillon, M) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 12 Filed: 1/6/2017, Entered: 1/9/2017
NOTICE of CHANGE of ADDRESS to 1962 N. Marco Drive, Camarillo, CA 93010 by 1B46327. (Kastilahn, A) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 11 Filed: 11/28/2016, Entered: 11/29/2016
NOTICE of CHANGE of ADDRESS to California Correctional Institution, P.O. Box 1905, Tehachapi, CA 93581 by 1B46327. (Kastilahn, A) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 10 Filed: 8/22/2016, Entered: 8/22/2016
REPLY by Corrections Corporation of America to RESPONSE to 4 Motion to Dismiss. (Attachments: # 1 Certificate of Service)(Bracken, Mark) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 9 Filed: 8/15/2016, Entered: 8/16/2016
CONSENT to JURISDICTION of US MAGISTRATE JUDGE by 1B46327. (Butolph, J) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 8 Filed: 8/15/2016, Entered: 8/16/2016
OPPOSITION to 4 Motion to Dismiss by 1B46327. (Michel, G.) [Transferred from caed on 2/2/2017.]
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Blank  Filed: 8/5/2016, Entered: 8/5/2016
SERVICE BY MAIL: 7 Clerk's Notice served on 1B46327. (Kastilahn, A) [Transferred from caed on 2/2/2017.]
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Blank 7 Filed: 8/5/2016, Entered: 8/5/2016 Court Filing
CLERK'S NOTICE (text only) This case has been assigned to U.S. District Judge Garland E. Burrell, Jr., and U.S. Magistrate Judge Debra Barnes; the new case number is 2:16-cv-1763 GEB DB (PC). (Kastilahn, A) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 6 Filed: 8/4/2016, Entered: 8/5/2016
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Corrections Corporation of America. (Kastilahn, A) Modified on 8/5/2016 (Benson, A). [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 5 Filed: 8/3/2016, Entered: 8/3/2016
CERTIFICATE of SERVICE by Corrections Corporation of America re 4 Motion to Dismiss. (Bracken, Mark) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 4 Filed: 8/3/2016, Entered: 8/3/2016
MOTION to DISMISS by Corrections Corporation of America. (Bracken, Mark) [Transferred from caed on 2/2/2017.]
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Blank  Filed: 8/3/2016, Entered: 8/3/2016
SERVICE BY MAIL: 3 Order Reassigning Magistrate Judge As Presider, served on 1B46327. (Reader, L) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 3 Filed: 8/3/2016, Entered: 8/3/2016 Court Filing
ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Allison Clarie* to Magistrate Judge Deborah Barnes for all further proceedings. (Reader, L) [Transferred from caed on 2/2/2017.]
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Blank  Filed: 8/2/2016, Entered: 8/2/2016
SERVICE BY MAIL: 2 Prisoner New Case Documents for Magistrate Judge as Presider served on 1B46327. (Yin, K) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 2 Filed: 7/27/2016, Entered: 7/27/2016
PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 8/29/2016 (Attachments: # 1 Order re Consent) (Washington, S) [Transferred from caed on 2/2/2017.]
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Legal Document (Payment Possibly Required) 1 Filed: 7/27/2016, Entered: 7/27/2016
NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2016-00190952 by Corrections Corporation of America. (Filing fee $ 400, receipt number 0972-6583421) (Attachments: # 1 Exhibit A - Superior Court File, # 2 Exhibit B - Notice of Filing, # 3 Proof of Service, # 4 Civil Cover Sheet)(Bracken, Mark) Modified on 7/27/2016 (Washington, S). [Transferred from caed on 2/2/2017.]
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