Gilman v. Davis

Gilman v. Shwartzenegger

Gilman v. Davis

Gilman v. Davis

Gilman v. Davis

Gilman v. Davis

Gilman v. Davis

Gilman v. Davis

Prison Legal News

COMPLAINT against all defendants, filed by Richard M Gilman.(Kirkpatrick, S) (Entered: 04/27/2005)

MOTION to PROCEED IN FORMA PAUPERIS by Richard M Gilman. (Kirkpatrick, S) (Entered: 04/27/2005)

PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Litigant Letter) (Kirkpatrick, S) (Entered: 04/27/2005)

RECEIPT number 2049032 for $250.00 for civil case filing fee from CA Medical Facility for Gilman (Marcotte, D) (Entered: 05/13/2005)

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Richard M Gilman. (Dotson, B) (Entered: 05/17/2005)

FIRST AMENDED COMPLAINT filed by Richard Gilman and Michael Brodheim against Noreen Blonien, L Dininni, Jones Moore, Booker Welch, M. Perez and Arnold Schwartzenegger. (Servantes, G) (Entered: 05/24/2005)

REQUEST (MOTION) for Court to direct that service of Complaint be effected by the US Marshall by Richard M. Gilman. (Servantes, G) (Entered: 07/05/2005)

ORDER signed by Judge Gregory G. Hollows on 7/12/05. Plaintiff shall submit, w/in 30 days from date of Order, an Affidavit in support if Request to Proceed IFP on form provided. Clerk directed to send plaintiff an Application to Proceed IFP by a Prisoner.(Marciel, M)

REQUEST (MOTION) to modify plaintiffs' request for court to direct service of complaint by USM filed by Michael J. Brodheim and Richard M. Gilman. (Girgis, C) (Entered: 07/14/2005)

NOTICE regarding representation of defendant by Michael J. Brodheim and Richard M. Gilman (Girgis, C) (Entered: 07/14/2005)

SERVICE BY MAIL: 7 Order served on Michael J Brodheim, Richard M. Gilman (w/IFP Application sent to plaintiffs). (Marciel, M) Modified on 7/13/2005 (Marciel, M). (Entered: 07/13/2005)

APPLICATION/REQUEST for Screening and an Extension of Time byNoreen Blonien, L Dininni, Jones Moore, Booker Welch, M. Perez with Proposed Order . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Declaration of service)(Acquisto, Stephen) (Entered: 07/18/2005)

First Amended MOTION to AMEND/CORRECT signatures Request for Screening and Extension of Time by Noreen Blonien, L Dininni, Jones Moore, Booker Welch, M. Perez. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Declaration of service)(Acquisto, Stephen) (Entered: 07/18/2005)

RESPONSE by plaintiffs Michael J Brodheim and Richard M. Gilman to 7 Order. Notice of payment of fees. (Dotson, B) (Entered: 07/21/2005)

REQUEST for USM to serve dft Schwarzenegger by Michael J Brodheim, Richard M. Gilman. Notice of confirmation of waiver of service received for dft Welch. (Dotson, B) (Entered: 07/21/2005)

ORDER signed by Judge Gregory G. Hollows on 7/26/05. A separate civil action is to opened for plaintiff Michael J. Brodheim. 5 Amended Complaint filed 5/23/05 is DISMISSED. Clerk directed to send each plaintiff a new form for filing a civil rights action and a new IFP Application. Plaintiffs' 6 8 9 13 Requests are VACATED as are those of defendants filed on 7/18/02 10 11 . (Marciel, M)

AMENDED COMPLAINT against defendants filed by Richard M. Gilman.(Girgis, C) (Entered: 08/05/2005)

ORDER signed by Judge Gregory G. Hollows on 10/26/05. Dfts Perez, Blonien, and Welch must file their response to 8/4/05 amd cmp within 30 days. Clk is directed to issue and send pla 2 summonses and 6 copies of Consent to Proceed before a US Magistrate form with this order. Clk shall serve upon pla a copy of Local Rules of the Court.(Dotson, B)

SUMMONS ISSUED as to *Arnold Schwarzenegger* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Dotson, B) (Entered: 10/27/2005)

SUMMONS ISSUED as to *Dennis Kenneally* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Dotson, B) (Entered: 10/27/2005)

SERVICE BY MAIL: 16 Order and 17 , 18 Issued Summons served on Richard M. Gilman with Local Rules and 6 copies of Consent forms. (Dotson, B) (Entered: 10/27/2005)

REQUEST (entitled motion) for clarification of 14 Order by Richard M. Gilman. (Caspar, M) (Entered: 11/02/2005)

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Richard M. Gilman. (Dotson, B) (Entered: 11/15/2005)

CERTIFICATE of SERVICE by Richard M. Gilman of 20 Request and 21 Decline of Jurisdiction of US Magistrate Judge. (Dotson, B) (Entered: 11/15/2005)

SUMMONS RETURNED EXECUTED by Richard M. Gilman. Arnold Schwarzenegger and Dennis Kenneally served on 11/5/2005. (Dotson, B) (Entered: 11/17/2005)

ANSWER to AMENDED COMPLAINT by Noreen Blonien, Booker Welch, M. Perez. (Attachments: # 1 Declaration of Service)(Acquisto, Stephen) (Entered: 11/21/2005)

REQUEST (Motion) for order directing dft's counsel to honor 14 court's severance of pltfs Gilman from Brodheim by Richard M. Gilman.(Yin, K) (Entered: 12/08/2005)

OBJECTIONS (Motion) to 24 dft's demand for jury trial by Plaintiff Richard M. Gilman. (Yin, K) (Entered: 12/08/2005)

MOTION for SUMMARY JUDGMENT as to dfts' demand for jury trial by Richard M. Gilman. (Yin, K) (Entered: 12/08/2005)

REQUEST for extension of time for service of summons by Richard M. Gilman. Request for USM−285 forms and costs to serve additional dfts. (Dotson, B) (Entered: 12/13/2005)

REQUEST for 2 USM forms and a schedule of Marshal fees for service by Richard M. Gilman. (Caspar, M) (Entered: 12/22/2005)

MOTION to PROCEED IN FORMA PAUPERIS by Richard M. Gilman. [MAINTAIN ON PAPER] (Dotson, B) (Entered: 01/12/2006)

ORDER signed by Judge Gregory G. Hollows on 1/23/06 DENYING 20 Request for Order directing service upon dfts Schwarzenegger and Kenneally by USM, and GRANTING 20 Request for Extension of time to effect service upon dfts Schwarzenegger and Kenneal ly. Plaintiff must, w/in 60 days, serve process upon defendants Schwarzenegger and Kenneally. Plaintiff must serve dfts w/ a copy of the 10/27/05 order, summons, and 8/4/05 second amended complaint. Plaintiff must also include a copy of this order. T he clerk is directed to re-issue and re-send plaintiff, two summons for Schwarzenegger and Kenneally. The clerk shall also send plaintiff one copy of the 8/4/05 second amended complaint, two copies of the Consent and a copy of the order filed on October 27, 2005 with this order.(Donati, J)

SUMMONS ISSUED as to *Arnold Schwarzenegger* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Donati, J) (Entered: 01/23/2006)

SUMMONS ISSUED as to *Dennis Kenneally* with answer to complaint due within *20* days. Attorney *Richard M. Gilman, C−47508* *California Medical Facility* *PO Box 2500* *Vacaville, CA 95696−2500*. (Donati, J) (Entered: 01/23/2006)

DISCOVERY ORDER signed by Judge Gregory G. Hollows on 1/23/06 ORDERING that discovery in this action be governed by this order and all relevant FRCP and Local Rules.(Donati, J) (Entered: 01/23/2006)

SERVICE BY MAIL: 31 Order, 32 Summons, 33 Summons, 34 Discovery Order, 16 Order, 15 Amended Complaint, and 3 Two Consent Forms served on Richard M. Gilman (Donati, J) (Entered: 01/23/2006)

REQUEST (motion) for court to direct service by USM upon dfts' failure to comply with request for waiver of service by Richard M. Gilman. Delaration of Richard M. Gilman. (Dotson, B) (Entered: 03/02/2006)

MOTION to SUBSTITUTE PARTY due to resignation by Richard M. Gilman. (Caspar, M) (Entered: 03/09/2006)

ORDER signed by Judge Gregory G. Hollows on 3/22/06. 36 Discovery requests filed by Richard M. Gilman will be placed in the file and disregarded.(Dotson, B)

MOTION for SUMMARY JUDGMENT ;Supporting Memorandum of Points and Authorities and Notice by Noreen Blonien, Booker Welch, M. Perez. (Acquisto, Stephen) Modified on 5/7/2007 (Donati, J). (Entered: 04/04/2006)

STATEMENT of Undisputed Facts by Defendants Noreen Blonien, Booker Welch, M. Perez re 39 MOTION for SUMMARY JUDGMENT ;Supporting Memorandum of Points and Authorities and Notice . (Attachments: # 1 Declaration of Tom Remy)(Acquisto, Stephen) (Entered: 04/04/2006)

MOTION for PROTECTIVE ORDER ;Memorandum of Points and Authorities and Notice by Noreen Blonien, Booker Welch, M. Perez. (Attachments: # 1 Exhibit A,B,C)(Acquisto, Stephen) (Entered: 04/05/2006)

MOTION for EXTENSION of time to file oppositions to defendants' 39 motion for summary judgment and defendants' 41 motion for protective order staying discovery by Richard M. Gilman. (Caspar, M) (Entered: 04/18/2006)

RESPONSE (Declaration) in OPPOSITION to 39 Motion for Summary Judgment. (Yin, K) (Entered: 04/25/2006)

ITEMIZED RESPONSE by Richard M. Gilman to dfts' 40 Statement of Undisputed Facts. (Yin, K) (Entered: 04/25/2006)

STATEMENT of Disputed Facts by Plaintiff Richard M. Gilman. (Yin, K) (Entered: 04/25/2006)

RESPONSE in OPPOSITION to 41 Motion for Protective Order by pltf. (Yin, K) (Entered: 04/25/2006)

LETTER Advising Court of Documents Received from Plaintiff by Defendant which were not Filed at Court by M. Perez (Acquisto, Stephen) Modified on 5/3/2006 (Caspar, M). (Entered: 05/01/2006)

ORDER signed by Judge Gregory G. Hollows on 5/3/06 ORDERING that plaintiff's 30 request to proceed IFP is GRANTED, but no filing fee is due, plaintiff having paid in full; service is appropriate as yet unserved defendants: Gov. Arnold Schwarze negger and Dennis Kenneally; clerk shall send plaintiff 2 USM forms, one summons, and instruction sheet and a copy of the 8/4/05 second amended complaint and the notice of submission of documents to be completed and returned within 30 days from the date of this order. (Caspar, M) Modified on 5/4/2006 (Caspar, M).

ORDER signed by Judge Gregory G. Hollows on 5/3/06 ORDERING that defendants' 4/5/06 41 motion for a protective order staying discovery as to defendants Perez and Welch is GRANTED, subject to a showing by plaintiff within 20 days of the filed d ate of this order; plaintiff's 4/17/06 42 motion for an extension of time to file his opposition to the 4/4/06 39 motion for summary judgment is GRANTED and plaintiff must file his opposition within 30 days of the filed date of this order; any reply to plaintiff's opposition will be due within 7 days of the filing and service dates. (Caspar, M)

NOTICE of SUBMISSION of DOCUMENTS: 1 comoleted summons, 2 completed USM forms and 3 copies of the 8/4/05 second amended complaint by Richard M. Gilman (Caspar, M) (Entered: 05/12/2006)

OPPOSITION to defendants' 4/4/06 39 motion for summary judgment(Caspar, M) (Entered: 05/15/2006)

DECLARATION of Richard M. Gilman in SUPPORT OF 52 opposition to defendants' 39 motion of summary judgment. (Caspar, M) (Entered: 05/15/2006)

NOTICE of SUBMISSION of DOCUMENTS by Richard M. Gilman in response to 48 Order. (Caspar, M) (Entered: 05/15/2006)

MEMORANDUM in SUPPORT OF plaintiff's opposition to defendants' 39 motion for summary judgment by Richard M. Gilman. (Caspar, M) (Entered: 05/15/2006)

REPLY BRIEF in Support of 39 Motion for Summary Judgment by Noreen Blonien, Booker Welch, M. Perez. (Acquisto, Stephen) Modified on 5/23/2006 (Donati, J). (Entered: 05/22/2006)

REQUEST (Motion) to Strike Parts of Defendants' Reply Brief by Richard M. Gilman. (Donati, J) (Entered: 06/05/2006)

REQUEST for ( entitled "Motion" ) for Leave to supplement his Opposition to dfts' Motion for Summary Judgment by pltf Richard M. Gilman. (Marciel, M) (Entered: 06/16/2006)

DECLARATION of Michael Brodheim in SUPPORT OF 58 Supplement to Opposition to dfts' Motion for Summary Judgment. (Marciel, M) (Entered: 06/16/2006)

ORDER AND ORDER DIRECTING SERVICE BY THE USM without prepayment of costs signed by Judge Gregory G. Hollows on 6/23/06. The Clerk is directed to fwd the instructions for service of process, the completed summons, copies of the 8/4/05 second amended c omplaint and copies of this order to the USM. Within 10 days from the date of this order, the USM is directed to notify dfts Gov. Arnold Schwarzennegger and Dennis Kenneally of this action. Dfts shall reply to the 8/4/05 second amended complaint within the time provided by the applicable provisions of FRCP 12(a). The Clerk shall serve pltf w/a copy of the lr's of court. (Kastilahn, A)

ORDER signed by Judge Gregory G. Hollows on 7/25/06 ORDERING that pltf's 27 "motion for summary judgment" is DISREGARDED as such, and construed, instead, as a motion to strike the jury trial demand from the answer of dfts Blonien, Pe rez and Welch; as construed, pltf's motion is GRANTED and dfts' demand for a jury trial is STRICKEN from their answer; pltf's 37 motion to substitute a party is GRANTED, Susan Fisher added, M. Perez terminated. Motions terminated.(Yin, K)

NOTICE of apparent non−service by USM from plaintiff Richard M. Gilman. (Marciel, M) (Entered: 09/15/2006)

Defendants' ANSWER to AMENDED COMPLAINT by Arnold Schwarzenegger, Dennis Kenneally. Attorney Acquisto, Stephen added. (Attachments: # 1 Declaration of Service)(Acquisto, Stephen) (Entered: 09/18/2006)

WAIVER of SERVICE returned EXECUTED as to defendants Dennis Kenneally, Arnold Schwarzenegger waiver sent on 9/18/2006, answer due 11/17/2006. (Marciel, M) (Entered: 10/03/2006)

SERVICE BY MAIL: 65 Scheduling Order served on Richard M. Gilman (Donati, J) (Entered: 01/23/2007)

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/29/07. Plaintiff's Motion for Continuance of defendants' 39 MOTION for SUMMARY JUDGMENT is GRANTED and the stay of plaintiff's discovery requests upon defendants Fisher and Wel ch is LIFTED. Defendants' Motion for Summary Judgment is VACATED from Court's calendar. Defendants Fisher and Welch directed to produce plaintiff, w/in 30 days, only the specific pages of decision portion of parole consideration hearing. Clerk to note in docket that case caption of matter be modified and "Gilman v Perez, et al".(Marciel, M) Modified on 3/28/2007 (Marciel, M).

REQUEST for RECONSIDERATION and to STAY Discovery by Board of Parole Hearings, Noreen Blonien, Susan Fisher, L Dininni, Jones Moore, Booker Welch, Arnold Schwarzenegger, Dennis Kenneally re 66 Order. Attorney Acquisto, Stephen added. (Attachments: # 1 Declaration of Service)(Acquisto, Stephen) Modified on 2/14/2007 (Donati, J). (Entered: 02/13/2007)

MOTION by Richard M. Gilman requesting Clarification as to status of court's 5/4/06 protective order with respect to discovery. (Donati, J) (Entered: 02/20/2007)

REQUEST by plaintiff Richard M. Gilman for Extension to file an Opposition to defendants' 67 Request for Reconsideration. (Marciel, M) (Entered: 02/26/2007)

ORDER signed by Judge Lawrence K. Karlton on 3/6/07 ORDERING that, upon reconsideration, the order of the magistrate judge filed 1/30/07 66 is AFFIRMED and Dfts' 2/13/07 motion for a stay of discovery 67 is DENIED. (Engbretson, K.)

MOTION for PROTECTIVE ORDER And REQUEST for Additional Time to Comply with Court's January 30, 2007 Order by Noreen Blonien, Susan Fisher, L Dininni, Jones Moore, Booker Welch, Board of Parole Hearings, Arnold Schwarzenegger, Dennis Kenneally. (Attachments: # 1 Declaration # 2 Declaration of Service)(Acquisto, Stephen) Modified on 3/28/2007 (Donati, J). (Entered: 03/27/2007)

PROPOSED ORDER re 71 Motion for Protective Order and Request for Additional Time. (Acquisto, Stephen) Modified on 3/28/2007 (Donati, J). (Entered: 03/27/2007)

EX PARTE APPLICATION by dfts for an Order Shortening Time on 41 Dfts' Motion for Protective Order and Additional Time; Supporting Declaration of Counsel. (Attachments: # 1 Declaration of Service)(Acquisto, Stephen) Modified on 3/29/2007 (Yin, K). (Entered: 03/28/2007)

ORDER signed by Judge Gregory G. Hollows on 3/28/07 ORDERING that 73 Ex Parte Application is DISREGARDED as Moot and Clarifying the Protective order re: 68 Motion to Clarify. (Donati, J)

MOTION to COMPEL DISCOVERY by Richard M. Gilman. (Yin, K) (Entered: 04/02/2007)

MOTION for SANCTIONS and for order compelling production by Richard M. Gilman. (Yin, K) (Entered: 04/02/2007)

EXHIBITS A−C by Richard M. Gilman. (Yin, K) (Entered: 04/02/2007)

REQUEST for Clarification re: telephone conference call by Richard M. Gilman. (Donati, J) (Entered: 04/06/2007)

ORDER signed by Judge Gregory G. Hollows on 4/6/07 ORDERING that defendants will produce only the specific pages of the decision portion of parole consideration hearing transcripts. Defense counsel has agreed that any argument that this production do es not constitutre a sufficient representative sample is waived. Defendants must produce and make available to plaintiff the transcripts, as set forth in this order, within 30 days of the filed date of this order. Upon service of the transcripts and re-notice of the summary judgment motion, plaintiff will have 30 days to review the production and to file an opposition or supplemental opposition. Transcripts will be stored in a secure location at the prison, preferably in the senior librarian 9;s office in the prison law library. Plaintiff will have full access to the transcripts, but he will only have access while he is in the prison law library. The defendants are to ascertain that plaintiff is GRANTED the most latitude possible to be i n the law library to review the records. Defendants will have 15 days, following service of any supplemental opposition by plaintiff to their dispositive motion, to file a reply. Re 71 Motion for Protective Order, 75 Motion to Compel Discovery and 76 Motion for Sanctions. (Donati, J) Modified on 2/26/2008 (Donati, J).

NOTICE of Dag Acquisto's communication with pltf following telephone conference call with court on the morning of 04/05/07 by Richard M. Gilman. (Manzer, C) (Entered: 04/11/2007)

REQUEST (Motion) to Determine Sufficiency of Objections for by Richard M. Gilman. (Donati, J) (Entered: 04/16/2007)

MOTION to COMPEL Discovery by Richard M. Gilman. (Donati, J) (Entered: 04/24/2007)

MOTION to COMPEL Discovery by Richard M. Gilman. (Yin, K) (Entered: 04/26/2007)

RE−NOTICE of 39 Motion for Summary Judgment. (Attachments: # 1 Declaration of Service)(Acquisto, Stephen) Modified on 5/7/2007 (Donati, J). (Entered: 05/04/2007)

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Phillip L. Arthur and Phillip L. Arthur for Noreen Blonien and Susan Fisher, attorney Stephen Acquisto terminated (Attachments: # 1 Declaration of Service)(Arthur, Phillip) (Entered: 05/25/2007)

JOINDER in Re−Noticed Motion for Summary Judgment by Noreen Blonien, Susan Fisher, Booker Welch, Arnold Schwarzenegger, Dennis Kenneally. (Attachments: # 1 Declaration of Service)(Arthur, Phillip) Modified on 5/29/2007 (Manzer, C). (Entered: 05/25/2007)

MEMORANDUM/RESPONSE in OPPOSITION to 83 and 84 motions to compel. Attorney Arthur, Phillip L. added. (Attachments: # 1 Declaration of Service)(Arthur, Phillip) Modified on 5/31/2007 (Manzer, C). (Entered: 05/30/2007)

REQUEST for Postponement of Consideration of dfts' motion for summary judgment until dfts turn specific information over to plaintiff by Richard M. Gilman. (Duong, D) (Entered: 06/07/2007)

AFFIDAVIT in support of 89 Request for Postponment of Consideration of dfts' motion for summary judgment by Richard M. Gilman. (Duong, D) (Entered: 06/07/2007)

REQUEST for Extension of time to submit plt's Supplemental Opposition to dfts' Re−Noticed Motion for Summary Judgment 85 by Richard M. Gilman (Attachments: # 1 Declaration of Richard M. Gilman)(Duong, D) (Entered: 06/07/2007)

STATEMENT of Undisputed Facts by Defendants Noreen Blonien, Susan Fisher, Booker Welch, Arnold Schwarzenegger, Dennis Kenneally re 92 MOTION for SUMMARY JUDGMENT ; Memorandum of Points and Authorities in Support Thereof . (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Declaration of Service)(Arthur, Phillip) (Entered: 06/07/2007)

REPLY to RESPONSE to MOTION by plaintiff re 83 84 MOTIONS to COMPEL. (Cayo, A) (Entered: 06/13/2007)

MOTION for EXTENSION of time to file a motion for summary judgment by Michael J. Brodheim. (Anderson, J) (Entered: 06/13/2007)

ORDER signed by Judge Gregory G. Hollows on 6/19/07 re 95 MOTION for EXTENSION of time is DENIED as MOOT. Plaintiff to file his supplemental opposition and cross-motion for summary judgment on or before July 9, 2007. (Cayo, A)

MOTION for EXTENSION of time to file opposition to 92 MOTION for SUMMARY JUDGMENT by Richard M. Gilman. (Anderson, J) Modified on 6/22/2007 (Anderson, J). (Entered: 06/22/2007)

ORDER granting 97 Motion for Extension signed by Judge Gregory G. Hollows on 6/29/07. Pltf shall file his supplemental opposition and cross−motion for summary judgment on or before 7/30/07. (Kastilahn, A) (Entered: 06/29/2007)

SERVICE BY MAIL: 98 Order served on Richard M. Gilman. (Kastilahn, A) (Entered: 06/29/2007)

OPPOSITION by plt to dft's 92 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Supplemental Opposition# 2 Declaration of Richard Gilman# 3 Declaration of Richard M. Gilman# 4 Itemized Response to dft's Statement of Undisputed Facts)(Duong, D) Additional attachment(s) added on 8/3/2007 (Carlos, K). Additional attachment(s) added on 8/9/2007 (Carlos, K). (Entered: 07/31/2007)

REQUEST (entitled MOTION) for Postponement of consideration of dft Schwarzenegger's motion for summary judgment 92 by Richard M. Gilman (Duong, D) (Entered: 07/31/2007)