Case: Mitchell v. Felker

U.S. District Court for the Central District of California

Prison Legal News

Margo Schlanger

COMPLAINT against all defendants by Robert Mitchell.(Manzer, C) (Entered: 06/02/2008)

MOTION to proceed IFP by Robert Mitchell. (Manzer, C) Modified on 5/27/2009 (Mena-Sanchez, L). (Entered: 06/02/2008)

PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms) (Manzer, C) (Entered: 06/02/2008)

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SERVICE BY MAIL: 3 Prisoner New Case Documents for JAM served on Robert Mitchell (Manzer, C)

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Robert Mitchell. (Matson, R) (Entered: 06/09/2008)

SUPPLEMENT to 1 Complaint by Robert Mitchell. (Becknal, R) (Entered: 09/05/2008)

ORDER REASSIGNING CASE TO VISITING JUDGE signed by Chief Judge Anthony W. Ishii. Case reassigned to Chief Judge Robert S. Lasnik for all further proceedings. Magistrate Judge Edmund F. Brennan and Judge John A. Mendez no longer assigned to case. (Donati, J) (Entered: 11/24/2008)

SERVICE BY MAIL: 6 Order Reassigning Visiting Judge, served on Robert Mitchell (Donati, J)

ORDER REASSIGNING CASE TO VISITING JUDGE signed by Chief Judge Robert S. Lasnik. Case reassigned to District Judge Richard A. Jones for all further proceedings. Chief Judge Robert S. Lasnik no longer assigned to case. All dates currently set in this matter shall remain pending, subject to further order of the court. (Waggoner, D) (Entered: 01/22/2009)

SERVICE BY MAIL: 7 Order Reassigning Visiting Judge served on Robert Mitchell (Waggoner, D)

ORDER signed by Judge District Judge Richard A. Jones on 5/26/09 ORDERING that Plaintiff's Request for leave to proceed in forma pauperis 2 is GRANTED. Plaintiff shall, within 30 days of the date of this order, submit a second financial affidavit and account certification from prison officials. Service is at least potentially appropriate for the 18 Defendants listed in Mr. Mitchell's complaint. The Clerk shall send Plaintiff 19 USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed 5/30/08.(Mena-Sanchez, L) (Entered: 05/27/2009)

SERVICE BY MAIL: 8 Order served on Robert Mitchell together with 19 USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed 5/30/08. (Mena-Sanchez, L)

NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 18 USM-285 Forms, and 18 copies of the complaint, by Robert Mitchell. [TEXT ONLY] (Reader, L) (Entered: 06/15/2009)

MOTION to PROCEED IN FORMA PAUPERIS by Robert Mitchell. (Reader, L) Modified on 8/13/2009 (Streeter, J). (Entered: 06/15/2009)

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Robert Mitchell signed by District Judge Richard A. Jones on 08/12/09. (cc CDC Prisoner Pymt. Orders and Sac Financial).(Streeter, J) (Entered: 08/13/2009)

DOCUMENT(S) SERVED ELECTRONICALLY: 10 Motion to Proceed IFP served on CDC Prisoner Payment Orders. (Streeter, J) (Entered: 08/13/2009)

ORDER DIRECTING USM signed by District Judge Richard A. Jones on 08/12/09 to serve * Complaint * filed on * 5/30/08,* on * J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, Robert Mitchell, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber*. Service Deadline set for 12/14/2009. (cc: USM Priority Sac). (Streeter, J) (Entered: 08/13/2009)

ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 12/14/2009 signed by District Judge Richard A. Jones on 08/12/09. (Streeter, J) (Entered: 08/13/2009)

SERVICE BY MAIL: 13 Order Directing Service by USM, 11 Order Directing Prisoner Payment served on Robert Mitchell. Also served copy of Local Rules. (Streeter, J)

SUMMONS RETURNED UNEXECUTED as to C. Buckley. (Benson, A.) (Entered: 10/06/2009)

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by all dfts. Attorney Harris, Mark H added. (Harris, Mark) Modified on 10/23/2009 (Duong, D). (Entered: 10/22/2009)

CERTIFICATE of SERVICE re 16 Answer by dfts. (Harris, Mark) Modified on 10/23/2009 (Duong, D). (Entered: 10/22/2009)

ORDER SETTING PRETRIAL AND DISCOVERY SCHEDULE, signed by District Judge Richard A. Jones on 11/10/09. The parties may conduct discovery until 3/31/10. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/30/10. (Kastilahn, A) (Entered: 11/10/2009)

SERVICE BY MAIL: 18 Order served on Robert Mitchell. (Kastilahn, A)

WAIVER of SERVICE RETURNED EXECUTED: J. Mayfield Waiver sent on 8/25/2009; A. Masuret Waiver sent on 8/25/2009; N. Grannis Waiver sent on 8/25/2009; T. Lockwood Waiver sent on 8/25/2009; J. McClure Waiver sent on 9/14/2009; J. Walker Waiver sent on 8/25/2009; D. Leiber Waiver sent on 8/25/2009. (Suttles, J) (Entered: 11/30/2009)

WAIVER of SERVICE RETURNED EXECUTED: T. Barnard Waiver, J. Owen, D. Hellwig, R. Blanthorn, J. Tilton, T. Felker, C. Buckley, and D. Vanderville, Waivers sent on 11/19/2009, answers due 1/19/2010. (Kastilahn, A) (Entered: 12/01/2009)

WAIVER of SERVICE RETURNED EXECUTED: T. Kimzey Waiver sent on 11/19/2009, answer due 1/19/2010; D. Cade Waiver sent on 11/19/2009, answer due 1/19/2010; R. Beamon Waiver sent on 11/19/2009, answer due 1/19/2010. (Kastilahn, A) (Entered: 12/04/2009)

MOTION to COMPEL defendant's Responses discovery requests by plaintiff Robert Mitchell. (Marciel, M) (Entered: 02/03/2010)

MOTION to modify Scheduling Order to extend time to conduct Discovery by plaintiff Robert Mitchell. (Marciel, M) (Entered: 02/03/2010)

OPPOSITION by J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber to 22 Motion to Compel defendant's Responses discovery requests. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harris, Mark) Modified on 2/8/2010 (Kaminski, H). (Entered: 02/05/2010)

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CERTIFICATE of SERVICE by J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber. (Harris, Mark) (Entered: 02/05/2010)

MOTION to COMPEL Responses to Discovery by Robert Mitchell. (Attachments: # 1 Part 2)(Reader, L) (Entered: 02/18/2010)

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ORDER signed by District Judge Richard A. Jones on 03/01/10 ORDERING that plf's 22 Motion to Compel is DENIED as moot and plf's 23 Motion to modify the court's scheduling order is DENIED as premature. (Benson, A.) (Entered: 03/02/2010)

SERVICE BY MAIL: 27 Order served on Robert Mitchell. (Benson, A.)

MOTION for sanctions for dft's failure to file an opposition or statement of non opposition to plt's motion to compel by Robert Mitchell. (Duong, D) (Entered: 03/15/2010)

OPPOSITION by dfts to 26 MOTION to COMPEL Responses to Discovery. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit D)(Harris, Mark) Modified on 3/17/2010 (Duong, D). (Entered: 03/16/2010)

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CERTIFICATE of SERVICE by dfts re 29 Opposition. (Harris, Mark) Modified on 3/17/2010 (Duong, D). (Entered: 03/16/2010)

REPLY in support of re 26 MOTION by Robert Mitchell. (Becknal, R) (Entered: 03/24/2010)

NOTICE of CHANGE of ADDRESS to FSP, PO Box 71, Represa, CA 95671-4071 by Robert Mitchell. (Duong, D) (Entered: 04/16/2010)

NOTICE of CHANGE of ADDRESS by plaintiff Robert Mitchell to: Folsom State Prison at P. O. Box 71 in Represa, CA 95671. (Marciel, M) (Entered: 04/27/2010)

NOTICE of CHANGE of ADDRESS by plaintiff Robert Mitchell to: Folsom State Prison at P. O. Box 71 in Represa, CA 95671-5071. (Marciel, M) (Entered: 04/29/2010)

NOTICE of CHANGE of ADDRESS to Folsom State Prison P.O. Box 950 Represa, CA 95671 by Robert Mitchell. REQUEST for copies. (Owen, K) Modified on 6/1/2010 (Owen, K). (Entered: 06/01/2010)

MOTION for LEAVE to AMEND the 1 Complaint by Robert Mitchell. (Carlos, K) (Entered: 06/10/2010)

FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by Robert Mitchell.(Carlos, K) (Entered: 06/10/2010)

NOTICE of VOLUNTARY DISMISSAL by Robert Mitchell (Carlos, K) (Entered: 06/10/2010)

MOTION to impose Sanctions by Robert Mitchell. (Mena-Sanchez, L) (Entered: 07/23/2010)

OPPOSITION by dfts to 39 MOTION to impose Sanctions. (Harris, Mark) Modified on 7/29/2010 (Duong, D). (Entered: 07/28/2010)

REPLY by Robert Mitchell to 40 Opposition to Motion. (Williams, D) (Entered: 08/06/2010)

ORDER signed by District Judge Richard A. Jones on 8/6/10, ORDERING that 38 pltf's motion to dismiss claims against dfts Grannis and Allen with prejudice is GRANTED. Dfts N. Grannis and Allen are DISMISSED. Pltf's 36 motion to amend his complaint is GRANTED. Pltf's 39 motion for sanctions is DENIED. Pltf's 26 motion to compel discovery responses remains pending. The court will set a trial date or other pretrial ddls in conjunction with its order resolving that motion. (Kastilahn, A) (Entered: 08/09/2010)

SERVICE BY MAIL: 42 Order served on Robert Mitchell. (Kastilahn, A)

MOTION for a copy of the first amended complaint and an order directing the USM to serve process by Robert Mitchell. (Matson, R) (Entered: 08/30/2010)

ORDER signed by District Judge Richard A. Jones on 9/28/2010 ORDERING that the court GRANTS the 26 motion to compel, DENIES the 28 motion for sanctions, GRANTS the 43 motion for service, and makes additional orders to begin bringing this action to a resolution. Defendants shall provide complete responses to Mr. Mitchells four sets ofdiscovery requests, and shall do so no later than October 29. Defendants have waived any objections to those requests by failing to properly respond to Mr. Mitchell's 26 motion to compel. Defendants shall be responsible for arranging a telephone call with Mr. Mitchell during the week of November 8-12 to determine if he is satisfied with their discovery responses and whether further responses are necessary. The parties shall attempt to resolve any disputes. If Mr. Mitchell chooses, he may file an additional motion to compel no later than November 30 if he finds Defendants' responses unsatisfactory. The court emphasizes that it does not encourage Mr. Mitchell to file such a motion, and that this order in no way excuses Mr. Mitchell from his obligation to reasonably limit the scope of his discovery requests. After November 30, either in conjunction with an order addressing Mr. Mitchells motion to compel or in a separate order if he does not file such amotion, the court will require the parties to meet and confer regarding a trialdate and dates for pretrial submissions as described in paragraph 8 of thecourt's November 10, 2009 scheduling order. The court grants Mr. Mitchell's 43 unopposed motion for service of his amended complaint on Defendants M. Wright and F. Foulk. No later than October 11, Defendants' counsel shall file a notice with the court stating whether he will accept service of the amended complaint on behalf of those Defendants. If counsel declines to do so, the court will issue an order directing the United States Marshal to complete service. All future motions and oppositions to motions in this action shall be limited to 25 pages. All future reply briefs shall be 12 pages or fewer. (Duong, D) (Entered: 09/29/2010)

SERVICE BY MAIL: 44 Order served on Robert Mitchell. (Duong, D)

NOTICE Regarding Acceptance of Service of Amended Complaint on Behalf of Defendants Wright and Foulk by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) (Entered: 10/11/2010)

MOTION for Sanctions by Robert Mitchell. (Zignago, K.) (Entered: 11/08/2010)

OPPOSITION by Defendants T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker to 47 Motion for Sanctions. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Harris, Mark) Modified on 11/9/2010 (Zignago, K.). (Entered: 11/07/2010)

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REPLY by Robert Mitchell to RESPONSE to 47 MOTION for Sanctions. (Matson, R) (Entered: 11/16/2010)

RESPONSE by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker to 47 MOTION for Sanctions. (Harris, Mark) (Entered: 11/17/2010)

MOTION to COMPEL and for SANCTIONS relating to 9/28/2010 44 Order by plaintiff Robert Mitchell. (Marciel, M) (Entered: 11/24/2010)

OPPOSITION by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker to 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Harris, Mark) (Entered: 11/29/2010)

DECLARATION of Mark H. Harris in OPPOSITION TO 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Harris, Mark) (Entered: 12/01/2010)

MOTION for APPOINTMENT OF COUNSEL by Robert Mitchell. (Mena-Sanchez, L) (Entered: 12/10/2010)

REPLY BRIEF by Robert Mitchell in SUPPORT of 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Mena-Sanchez, L) (Entered: 12/10/2010)

REQUEST for Early Settlement Conference (Joint) by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) (Entered: 12/15/2010)

DECLARATION of Mark H. Harris re Status of Meet and Confer Efforts. (Harris, Mark) Modified on 12/20/2010 (Owen, K). (Entered: 12/17/2010)

ORDER signed by District Judge Richard A. Jones on 12/22/2010 ORDERING that this case is set for a settlement conference on 1/27/2011 at 9:00 AM at FSP, 300 Prison Road, Represa CA 95671. Dfts' lead counsel and a person with full and unlimited autority to negotiate shall attend in person. After the settlement conference, the parties shall promptly inform the court whether they have resolved this case. The Clerk is directed to serve a copy of this order on the Litigation Office at FSP. (Zignago, K.) (Entered: 12/22/2010)

SERVICE BY MAIL: 57 Order served on Robert Mitchell and copy faxed to FSP. (Zignago, K.)

DECLARATION by Robert Mitchell in SUPPORT of 53 MOTION to APPOINT COUNSEL. (Manzer, C) (Entered: 12/28/2010)

RESPONSE by Robert Mitchell to telephonic conferences. (Manzer, C) (Entered: 12/28/2010)

ORDER granting 53 Motion to Appoint Counsel signed by District Judge Richard A. Jones on 1/20/11: Rebekah Bella Evenson is appointed limited purpose counsel. This appointment is for the limited purpose of assisting plaintiff in settlement negotiations and will terminate thirty days after completion of the January 27th settlement conference, or any continuation of the settlement conference. The Clerk of the Court is directed to serve a copy of this order upon Rebekah Evenson, Prison Law Office. (Kaminski, H) (Entered: 01/21/2011)

MINUTE ORDER: (TEXT ONLY) signed by District Judge Richard A. Jones on 1/21/2011. The settlement conference currently scheduled to occur at Folsom State Prison, January 27, 2011, before Magistrate Judge Craig M. Kellison, will now occur at California State Prison, Solano. (Crouch, J) (Entered: 01/21/2011)

SERVICE BY MAIL: 60 Order on Motion to Appoint Counsel, served on Robert Mitchell and Rebekah Evenson. (Kaminski, H)

LETTER from Bruce Senator re Robert Mitchell. (Kaminski, H) (Entered: 01/25/2011)

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) (Entered: 01/27/2011)

CERTIFICATE of SERVICE re 63 ANSWER by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) Modified on 1/28/2011 (Kaminski, H). (Entered: 01/27/2011)

MINUTES (Text Only) for proceedings held before Magistrate Judge Craig M. Kellison: SETTLEMENT CONFERENCE held on 1/27/2011; CASE NOT SETTLED. (Pine, C) (Entered: 01/28/2011)

OPPOSITION by dfts to 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Harris, Mark) Modified on 2/8/2011 (Duong, D). (Entered: 02/07/2011)

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SUBSTITUTION of ATTORNEY - PROPOSED, submitted by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Lien, Grant) (Entered: 03/14/2011)

MOTION to APPOINT COUNSEL by Robert Mitchell. (Manzer, C) (Entered: 03/17/2011)

ORDER SUBSTITUTING ATTORNEY signed by District Judge Richard A. Jones on 4/22/2011 Attorney Grant Lien, Esquire for defendants, Mark H. Harris TERMINATED. (Reader, L) (Entered: 04/22/2011)

MOTION for LEAVE to file SECOND 37 AMENDED COMPLAINT by Robert Mitchell. (Attachments: # 1 Exhibit A (Proposed Second Amended Complaint), # 2 Proposed Order) (Evenson, Rebekah) Modified on 5/25/2011 (Marciel, M). (Entered: 04/27/2011)

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ASSOCIATION of ATTORNEY: Deputy Attorneys General Damon McClain, Erin Sullivan and Christopher Becker are added as to defendants. (McClain, Damon) Modified on 5/6/2011 (Zignago, K.). (Entered: 05/04/2011)

STIPULATION and PROPOSED ORDER for to Modify the Briefing and Hearing Schedule for Plaintiff's Motion for Leave to File a Second-Amended Complaint by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. Attorney McClain, Damon Grant added. (McClain, Damon) (Entered: 05/04/2011)

ORDER signed by District Judge Richard A. Jones on 5/10/2011 re 72 Stipulation and Proposed Order, IT IS ORDERED that defendants' response to Plaintiff's motion is due on or before 5/24/2011; Plaintiff's reply is due on or before 6/3/2011; and the court will contact parties if it decides to hear oral argument before deciding Plaintiff's motion. (Waggoner, D) (Entered: 05/11/2011)

NOTICE of APPEARANCE by Heather L. Shook on behalf of Robert Mitchell. Attorney Shook, Heather L. added. (Shook, Heather) (Entered: 05/16/2011)

OPPOSITION by defendants to 70 Motion for Leave to file Second 37 Amended Complaint. Attorney McClain, Damon Grant added. (McClain, Damon) Modified on 5/25/2011 (Marciel, M). (Entered: 05/24/2011)

DECLARATION of Damon McClain in support of 75 Opposition to Motion. (Attachments: # 1 Exhibit A) (McClain, Damon) Modified on 5/25/2011 (Marciel, M). (Entered: 05/24/2011)

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REQUEST for JUDICIAL NOTICE in support of defendants' 75 Opposition to Motion for Leave. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (McClain, Damon) Modified on 5/25/2011 (Marciel, M). (Entered: 05/24/2011)

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[DISREGARD - Docketed in error] (Waggoner, D) Modified on 5/25/2011 (Waggoner, D). (Entered: 05/25/2011)

[DISREGARD - Docketed in the wrong case] ORDER signed by District Judge Richard A. Jones on 5/25/2011 setting trial date of 10/3/2011. Final Pretrial Conference will be set at a later date.(Waggoner, D) Modified on 5/25/2011 (Waggoner, D). (Entered: 05/25/2011)

CLERK'S NOTICE of DOCKET CORRECTION re 78 Minute Order and 79 Scheduling Order shall be disregarded as docketed in this case in error. (TEXT ONLY ENTRY) (Waggoner, D) (Entered: 05/25/2011)

REPLY IN SUPPORT by Robert Mitchell of 70 Motion for Leave to file a Second Amended Complaint. (Evenson, Rebekah) Modified on 6/6/2011 (Reader, L). (Entered: 06/03/2011)

ORDER of RECUSAL signed by District Judge Richard A. Jones on 8/1/11 ORDERING this action REASSIGNED to Eastern District of California Judges. This case is REASSIGNED back to District Judge John A. Mendez and Magistrate Judge Edmund F. Brennan for all further proceedings. The case number on all future filed documents shall be 2:08-cv-1196 JAM EFB. 47 Motion for Sanctions, 50 Motion to Compel and for Sanctions and 68 Motion to Appoint Counsel are TERMINATED. (Donati, J) (Entered: 08/01/2011)

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/11 GRANTING 70 Motion to Amend the Complaint. Defendants have 30 days from the date this order is served to respond to the amended complaint.(Dillon, M) (Entered: 09/23/2011)

SECOND AMENDED COMPLAINT against All Defendants by Robert Mitchell.(Dillon, M) (Entered: 09/29/2011)

SUMMONS ISSUED as to *Matthew Cate, George Giurbino, Scott Kernan, Terri McDonald* with answer to complaint due within *21* days. Attorney *Rebekah Evenson* *Prison Law Office* *1917 Fifth Street* *Berkeley, CA 94710-1916*. (Donati, J) (Entered: 10/03/2011)

REQUEST FOR RECONSIDERATION by the District Court re 83 Order by Defendants. (McClain, Damon) Modified docket text and added link on 10/12/2011 (Waggoner, D). (Entered: 10/07/2011)

SUMMONS RETURNED EXECUTED: Matthew Cate served on 10/7/2011, answer due 10/28/2011; George Giurbino served on 10/7/2011, answer due 10/28/2011; Scott Kernan served on 10/7/2011, answer due 10/28/2011; Terri McDonald served on 10/7/2011, answer due 10/28/2011. (Evenson, Rebekah) (Entered: 10/11/2011)

STIPULATION and PROPOSED ORDER for To Modify Defendants' Deadline to Respond to Second Amended Complaint by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, F Foulk, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker, M. Wright. (McClain, Damon) (Entered: 10/13/2011)

OPPOSITION by Plaintiff Robert Mitchell to 86 Request for reconsideration. (Evenson, Rebekah) Modified on 10/17/2011 (Plummer, M). (Entered: 10/14/2011)