Case: (PC) Watson v. Sisto

2:07-cv-01871 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 28, 2007

Closed Date: March 9, 2012

Clearinghouse coding complete

Case Summary

On August 28, 2007, plaintiff, initially proceeding pro se, filed this suit in the U.S. District Court for the Northern District of California. On September 10, 2007, this case was transferred to the Eastern District of California. This case is presided over by Judge Lawrence K. Karlton.   Plaintiff alleged that defendants were deliberately indifferent to his medical needs, claiming violation of his First and Eighth Amendment rights. Plaintiff sought compensatory damages, punitive damages, cost…

On August 28, 2007, plaintiff, initially proceeding pro se, filed this suit in the U.S. District Court for the Northern District of California. On September 10, 2007, this case was transferred to the Eastern District of California. This case is presided over by Judge Lawrence K. Karlton.  

Plaintiff alleged that defendants were deliberately indifferent to his medical needs, claiming violation of his First and Eighth Amendment rights. Plaintiff sought compensatory damages, punitive damages, costs and fees, and permanent injunctive relief in the form of adequate medical care.

On November 18, 2008, defendants filed a motion for summary judgment, asserting that there was no evidence to support a finding that defendants were deliberately indifferent to plaintiff's medical needs. Defendants argued that there were no issues of material fact. Additionally, defendants stated that a deliberate indifference claim required a showing of a serious medical need and an official's knowledge and disregard of the medical need. Defendants argued that plaintiff received consistent care for his medical needs, and plaintiff failed to comply with treatment recommendations. On January 27, 2009, plaintiff requested that the court deny defendants' motion as he has not had sufficient opportunity for discovery, as the defendants provided minimal discovery and filed a motion for summary judgment before the discovery period closed. Additionally, the defendants filed their motion before plaintiff was appointed counsel. In support, plaintiff cited Rule 56(f) of the Federal Rules of Civil Procedure, which supported the denial of summary judgment when the non-moving party has not had adequate discovery, especially when there is a pro se plaintiff involved. On March 4, 2009, defendants voluntarily withdrew their motion for summary judgment. 

On June 15, 2009, plaintiff, now represented by legal counsel, filed an amended complaint. This amended complaint added new claims for violations of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (RA). 

On July 1, 2009, defendants filed a motion to dismiss, alleging that the amended complaint failed to state a valid claim. Defendants argued that the first cause for deliberate indifference to medical needs failed due to Eleventh Amendment, and the court lacked jurisdiction for injunctive relief claims. Additionally, they asserted that the plaintiff's claims under the First Amendment, the ADA, and the Rehabilitation Act failed to state a claim. 

On September 3, 2010, Magistrate Judge Kendall J. Newman released an Order and Findings and Recommendations regarding the defendants' motion to dismiss. The initial recommendation was to grant the motion in part and deny it in part, dismiss Defendant Sisto and the plaintiff’s claims for equitable/ injunctive relief, First Amendment retaliation, and ADA/Rehabilitation Act violations, while allowing the plaintiff’s Eighth Amendment claims against defendants to proceed. The Order granted the plaintiff's motion to strike evidence supporting the defendants' dismissal motion.

Subsequently, on February 14, 2011, Magistrate Judge Newman issued an amended order and findings and recommendations in light of the Ninth Circuit's Rhodes v. Robinson decision. The changes in amended recommendations were that they no longer included the dismissal of Defendant Sisto. Instead, the judge recommended granting in part and denying in part the defendants' motion to dismiss the First Amended Complaint, dismissing the plaintiff's ADA/Rehabilitation Act claims and the defendants California Department of Corrections and Rehabilitation and California State Prison-Solano, and allowing the plaintiff's First and Eighth Amendment claims to proceed against the following defendants: the former California State Prison-Solano (CSP-S) Warden, CSP-S physician and Chief Medical Officer, and CSP-S physicians. 

On March 30, 2011, the district court adopted the findings and recommendations in full, and the defendants' motion to dismiss plaintiff's first amended complaint was granted in part and denied in part. 

On August 16, 2011, defendants filed a motion for summary judgment.

On October 28, 2011, Magistrate Judge Newman issued an order and findings and recommendations, granting defendants' motion. Plaintiffs objected to these timings and recommendations.  

On March 9, 2012, the District Court ruled on objections to the Magistrate Judge's summary judgment recommendations. The court found that plaintiff did not provide sufficient expert testimony and failed to demonstrate a genuine dispute of fact. The court stated that while plaintiff did experience delays in treatment, plaintiff did not demonstrate that these delays seriously harmed him or  that the defendants were aware of and deliberately ignored a substantial risk of serious harm. All of plaintiff's objections regarding evidence and legal reasoning were overruled. Consequently, the court adopted the Magistrate Judge's summary judgment recommendations, granted the defendants' motion for summary judgment on all claims, and entered judgment for the defendants.

On March 22, 2012, plaintiff filed a notice of appeal, appealing pro se, to the United States Court of Appeals for the Ninth Circuit from the final judgment of the district court. 

On August 5, 2013, the Ninth Circuit affirmed the final judgment, stating that the district court properly granted summary judgment on plaintiff's First Amendment claims because plaintiff failed to raise a genuine dispute of material facts as to whether defendants' actions did not reasonably advance a legitimate correctional goal. The Circuit Court also ruled that the district court properly dismissed plaintiff's ADA claims, as they were based on inadequate treatment, and the ADA prohibited discrimination due to disability, not inadequate treatment. 

The case is closed. 

Summary Authors

Renuka Wagh (4/6/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5773776/parties/pc-watson-v-sisto/


Judge(s)

Illston, Susan Yvonne (California)

Karlton, Lawrence K. (California)

Attorney for Plaintiff

Baker, James P (California)

Mitchell, Caroline Nason (California)

Silveira, Matthew (California)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
46

2:07-cv-01871

Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support Thereof; Declaration of Catherine Guess

Watson v. Sisto

Nov. 18, 2008

Nov. 18, 2008

Pleading / Motion / Brief
51

2:07-cv-01871

Motion for Denial or Continuance of Defendants' Motion for Summary Judgment Under Rule 56(f)

Watson v. Sisto

Jan. 27, 2009

Jan. 27, 2009

Pleading / Motion / Brief
65

2:07-cv-01871

First Amended Complaint

Watson v. Sisto

June 15, 2009

June 15, 2009

Complaint
66

2:07-cv-01871

Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof; and Declaration of Catherin Guess

Watson v. Sisto

July 1, 2009

July 1, 2009

Pleading / Motion / Brief
96

2:07-cv-01871

Amended Order and Findings and Recommendations

Watson v. Sisto

Feb. 14, 2011

Feb. 14, 2011

Order/Opinion

2011 WL 533716

98

2:07-cv-01871

Order

Watson v. Sisto

March 30, 2011

March 30, 2011

Order/Opinion
98

2:07-cv-01871

Order

Watson v. Sisto

March 30, 2011

March 30, 2011

Order/Opinion

2011 WL 1219298

106

2:07-cv-01871

Notice of Motion and Motion for Summary Judgment; Declaration of Catherine Guess

Watson v. Sisto

Aug. 16, 2011

Aug. 16, 2011

Pleading / Motion / Brief
108

2:07-cv-01871

Plaintiff's Opposition to Defendants' Motion for Summary Judgment

Watson v. Sisto

Sept. 15, 2011

Sept. 15, 2011

Pleading / Motion / Brief
116

2:07-cv-01871

Order and Findings and Recommendations

Watson v. Sisto

Oct. 28, 2011

Oct. 28, 2011

Order/Opinion

2011 WL 5155175

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5773776/pc-watson-v-sisto/

Last updated July 13, 2025, 2:33 a.m.

ECF Number Description Date Link Date / Link
1

CASE TRANSFERRED IN from USDC - Northern District of CA; Case # C 07-4451 SI (pr). Original documents filed by plaintiff Nyles Lawayne Watson, certified copy of transfer order, and docket sheet received. [MAINTAIN ON PAPER] (Marciel, M) (Entered: 09/11/2007)

Sept. 10, 2007

Sept. 10, 2007

RECAP
2

APPLICATION to Proceed IFP by plaintiff Nyles Lawayne Watson. [MAINTAIN ON PAPER] (Marciel, M) (Entered: 09/11/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
3

PRISONER NEW CASE DOCUMENTS ISSUED (Attachments: # 1 Consent Forms) (Marciel, M) (Entered: 09/11/2007)

Sept. 11, 2007

Sept. 11, 2007

PACER

SERVICE BY MAIL: 3 Prisoner New Case Documents for LKK served on plaintiff Nyles Lawayne Watson. (Marciel, M)

Sept. 11, 2007

Sept. 11, 2007

PACER
4

ORDER signed by Judge Gregory G. Hollows on 12/6/07 ORDERING that pltf's request for leave to procced IFP is GRANTED. Pltf is to pay the $350 filing fee for this action. The fee shall be collected in accordance with this court's orde r to the Dir of CDCR. Service is appropriate for dfts Warden D.K. Sisto, Dr. Traquina, Dr. Richard Tan, Dr. Jason Rohrer, Dr. A. Noriega and Dr. Naku. The Clerk shall send pltf six USM-285 forms, one summons, an instr sheet and a copy of the complaint. Within 30 days from the date of this order, pltf shall complete the Notice of Submission of Documents and submit to the court with the required documents. (Kastilahn, A)

Dec. 7, 2007

Dec. 7, 2007

RECAP

SERVICE BY MAIL: 4 Order, served on Nyles Lawayne Watson w/six USM-285 forms, one summons, an instr sheet and copy of complaint. (Kastilahn, A)

Dec. 7, 2007

Dec. 7, 2007

PACER
5

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Nyles Lawayne Watson, signed by Judge Gregory G. Hollows on 12/6/07. The Dir of CDCR shall collect monthly pymts from pltf's trust acct and fwd to the Clerk's Office until the $350 filing fee is paid in full. The Clerk is directed to serve a copy of this order and a copy of pltf's ifp affidavit on the Dir of CDCR. The Clerk to serve a copy of this order on the Financial Dept of the court.(Kastilahn, A) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

PACER

SERVICE BY MAIL: 5 Order Directing Prisoner Payment served on Nyles Lawayne Watson. Copy of pltf's ifp affidavit and this order on the Dir of CDCR. (Kastilahn, A)

Dec. 7, 2007

Dec. 7, 2007

PACER
6

NOTICE OF SUBMISSION OF DOCUMENTS: 6 Summons, 6 USM-285 Forms, and 7 copies of the complaint by Nyles Lawayne Watson. (Benson, A) (Entered: 12/19/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
7

ORDER DIRECTING USM to serve process on D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega, Naku signed by Judge Gregory G. Hollows on 1/17/08: The Clerk is directed to forward the instructions for service of process, the completed summons, copies of the complaint, and copies of this order to the U.S. Marshal. The Clerk shall serve upon plaintiff a copy of the Local Rules of Court. (Kaminski, H)

Jan. 17, 2008

Jan. 17, 2008

RECAP

SERVICE BY MAIL: 7 Service Process Order and LR served on Nyles Lawayne Watson. (Kaminski, H)

Jan. 17, 2008

Jan. 17, 2008

PACER
8

WAIVER of SERVICE RETURNED EXECUTED on 1/22/2008 upon dfts D.K. Sisto, Dr. Traquina, Dr. Richard Tan, Dr. Jason Rohrer, Dr. A. Noriega and Dr. Naku (Reader, L) (Entered: 03/06/2008)

March 4, 2008

March 4, 2008

PACER
9

ANSWER to COMPLAINT with Jury Demand by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega, Naku. Attorney Woodbridge Guess, Catherine A. added. (Attachments: # 1 Declaration of Service)(Woodbridge Guess, Catherine) Modified on 3/18/2008 (Anderson, J). (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

PACER
10

REPLY/RESPONSE by Nyles Lawayne Watson re 9 Answer to Complaint and Demand for Jury Trial. (Anderson, J) (Entered: 03/27/2008)

March 26, 2008

March 26, 2008

PACER
11

MOTION to APPOINT COUNSEL by Nyles Lawayne Watson. (Anderson, J) (Entered: 03/27/2008)

March 26, 2008

March 26, 2008

PACER
12

REQUEST to place addidavit and copies of the Board of Control Claim as evidence in support of Opposition to a Motion in order to demonstrate facts not found in the record by Nyles Lawayne Watson. (Anderson, J) (Entered: 03/27/2008)

March 26, 2008

March 26, 2008

PACER
13

AFFIDAVIT by Nyles Lawayne Watson. (Anderson, J) (Entered: 03/27/2008)

March 26, 2008

March 26, 2008

PACER
14

DISCOVERY ORDER signed by Magistrate Judge Gregory G. Hollows on 4/10/2008 ORDERING Discovery requests shall be served by the parties pursuant to Federal Rule of Civil Procedure; Responses to written discovery requests shall be due 45 days after the request is first served; If disputes arise about the parties' obligations to respond to requests for discovery, the parties shall comply with all pertinent rules.(Matson, R) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER

SERVICE BY MAIL: 14 Discovery Order, served on Nyles Lawayne Watson. (Matson, R)

April 10, 2008

April 10, 2008

PACER
15

ORDER signed by Magistrate Judge Gregory G. Hollows on 5/5/2008 DENYING 11 Motion to Appoint Counsel by Nyles Lawayne Watson. (Reader, L)

May 5, 2008

May 5, 2008

RECAP
16

SUPPLEMENTAL STATEMENT by Nyles Lawayne Watson. (Reader, L) (Entered: 05/06/2008)

May 5, 2008

May 5, 2008

PACER

RESERVICE OF DOCUMENTS: re 15 Order on Motion to Appoint Counsel addressed to all parties (Reader, L)

May 6, 2008

May 6, 2008

PACER

SERVICE BY MAIL: 15 Order on Motion to Appoint Counsel served on Nyles Lawayne Watson (Reader, L)

May 6, 2008

May 6, 2008

PACER
17

REQUEST for Extension of Time to respond to 14 Discovery Order by plaintiff Nyles Lawayne Watson. (Marciel, M) Modified on 6/10/2008 (Anderson, J). (Entered: 06/05/2008)

June 4, 2008

June 4, 2008

PACER
18

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/19/08 ORDERING that pltf's 6/4/08 17 request for a 30 day ext of time to respond to dfts' discovery requests is GRANTED. (Kastilahn, A)

June 19, 2008

June 19, 2008

RECAP

SERVICE BY MAIL: 18 Order served on Nyles Lawayne Watson. (Kastilahn, A)

June 19, 2008

June 19, 2008

PACER
19

NOTICE of plaintiff's medical records to be used as evidence by Nyles Lawayne Watson (Anderson, J) (Entered: 06/25/2008)

June 24, 2008

June 24, 2008

PACER
20

SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Naku. (Williams, Kathleen) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

PACER
21

ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Gregory G. Hollows on 6/30/08 Added attorney Kathleen J. Williams for defendant Naku. (Becknal, R) Modified on 1/30/2009 (Donati, J). (Entered: 06/30/2008)

June 30, 2008

June 30, 2008

PACER

SERVICE BY MAIL: 21 Substitution of Attorney Order served on Nyles Lawayne Watson (Becknal, R)

June 30, 2008

June 30, 2008

PACER
22

MOTION to APPOINT COUNSEL by Nyles Lawayne Watson. (MAINTAIN ON PAPER) (Anderson, J) Modified on 7/9/2008 (Anderson, J). (Entered: 07/08/2008)

July 7, 2008

July 7, 2008

PACER
23

ORDER denying 22 Motion to Appoint Counsel signed by Magistrate Judge Gregory G. Hollows on 7/25/08. (Kaminski, H)

July 25, 2008

July 25, 2008

RECAP

SERVICE BY MAIL: 23 Order on Motion to Appoint Counsel served on Nyles Lawayne Watson. (Kaminski, H)

July 25, 2008

July 25, 2008

PACER
24

REQUEST for order to cause; injunction; and temporary restraining order by Nyles Lawayne Watson. (Reader, L) (Entered: 08/05/2008)

Aug. 4, 2008

Aug. 4, 2008

PACER
25

SCHEDULING ORDER signed by Magistrate Judge Gregory G. Hollows on 8/6/08 ORDERING that Discovery due by 2/1/2009.Any motions necessary to compel discovery shall be filed by that date. All requests for discovery shall be served not later than 60 days prior to that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 7/11/2009. Motions shall be briefed in accordance with paragraph 7 of this courtsorder filed 1/17/2008. The court will not look with favor on requests for extensions of time. Pretrial conference and trial dates will be set, as appropriate, following adjudication of any dispositive motion, or the expiration of time for filing such a motion.(Anderson, J) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

PACER

SERVICE BY MAIL: 25 Scheduling Order served on Nyles Lawayne Watson. (Anderson, J)

Aug. 6, 2008

Aug. 6, 2008

PACER
26

OPPOSITION by Defendants D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (to Plaintiff's Request for Injunction and Temporary Restraining Order) (Woodbridge Guess, Catherine) (Entered: 08/11/2008)

Aug. 11, 2008

Aug. 11, 2008

PACER
27

REQUEST for an extension of time by Nyles Lawayne Watson. (Maintain on Paper) (Becknal, R) (Entered: 08/13/2008)

Aug. 12, 2008

Aug. 12, 2008

PACER
28

REQUEST TO WITHDRAW re 27 Request for an extension of time by Nyles Lawayne Watson. (Becknal, R) Modified docket text on 8/25/2008 (Waggoner, D). (Entered: 08/15/2008)

Aug. 14, 2008

Aug. 14, 2008

PACER
29

REQUEST for a Hearing re 24 request an injunction; and a temporary restraining order filed by Nyles Lawayne Watson. (Becknal, R) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
30

REQUEST for the USM to serve defendants with subpoenas by Nyles Lawayne Watson. (Becknal, R) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
31

NOTICE OF SUBMISSION OF DOCUMENTS: 5 subpoenas by Nyles Lawayne Watson. (Becknal, R) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
32

MOTION to COMPEL the production of documents by Nyles Lawayne Watson. (Becknal, R) (Entered: 08/20/2008)

Aug. 19, 2008

Aug. 19, 2008

PACER
33

OPPOSITION by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. to Plaintiff's Motion to Compel (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Woodbridge Guess, Catherine) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

PACER
34

DECLARATION of Of Service re 33 Opposition to Motion. (Woodbridge Guess, Catherine) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

PACER
35

OPPOSITION by Naku to 32 MOTION to COMPEL. (Attachments: # 1 Declaration of Kathleen J. Williams, # 2 Exhibits A-D)(Williams, Kathleen) Modified on 9/4/2008 (Kaminski, H). (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
36

RESPONSE by Nyles Lawayne Watson to 35 Opposition to Motion, 33 Opposition to Motion. (Streeter, J) (Entered: 09/16/2008)

Sept. 15, 2008

Sept. 15, 2008

PACER
37

REQUEST (Motion) to submit Medical Records to be used by Nyles Lawayne Watson. (Attachments: # 1 Part 2 of 2)(Streeter, J) (MAINTAIN ON PAPER) (Entered: 09/26/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
38

NOTICE - Plaintiff's Submits Evidence to be filed with the Court Clerk - Files and Records Exhibits by Nyles Lawayne Watson (Streeter, J) (MAINTAIN ON PAPER) (Entered: 09/26/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
39

STATEMENT (Supplemental) for the evidence of medical records submitted on September 23, 2008 by Plaintiff Nyles Lawayne Watson. (Streeter, J) (Entered: 09/26/2008)

Sept. 25, 2008

Sept. 25, 2008

PACER
40

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/26/08 ORDERING that defendants must supplement their opposition to the pending request, within20 days, in the form of a declaration by defendant Dr. Traquina indicating whether or not plaintiff is indeed subjected to a 40-minute delay when awaiting prescribed pain relief, and if he is, whether such a delay is warranted in light of plaintiffs claims of unnecessarily sufferingexcruciating pain because of the delay.(Dillon, M)

Sept. 26, 2008

Sept. 26, 2008

RECAP

SERVICE BY MAIL: 40 Order served on Nyles Lawayne Watson. (Dillon, M)

Sept. 26, 2008

Sept. 26, 2008

PACER
41

EXHIBITS by Nyles Lawayne Watson. (Streeter, J) Modified on 9/30/2008 (Manzer, C). (Entered: 09/29/2008)

Sept. 26, 2008

Sept. 26, 2008

PACER
42

SUPPLEMENTAL STATEMENT by Nyles Lawayne Watson re 24 Request for TRO and injunctive relief. (Attachments: # 1 Cover Letter)(Manzer, C) (Entered: 10/08/2008)

Oct. 7, 2008

Oct. 7, 2008

PACER
43

DECLARATION of Alvaro Traquina, M.D.. (Woodbridge Guess, Catherine) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
44

DECLARATION of Service re 43 Declaration. (Woodbridge Guess, Catherine) (Entered: 10/16/2008)

Oct. 16, 2008

Oct. 16, 2008

PACER
45

OPPOSITION by Plaintiff Nyles Lawayne Watson to 43 Declaration of Dr. Traquino. MAINTAIN ON PAPER. (Manzer, C) (Entered: 11/12/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
46

MOTION for SUMMARY JUDGMENT; Memorandum of Points and Authorities; Declaration of Catherine Guess by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (Woodbridge Guess, Catherine) Modified on 11/19/2008 (Plummer, M). (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

Clearinghouse
47

STATEMENT of Undisputed Facts in Support of Motion for Summary Judgment 46 by Defendants D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (Woodbridge Guess, Catherine) Modified on 11/19/2008 (Plummer, M). (Entered: 11/18/2008)

Nov. 18, 2008

Nov. 18, 2008

PACER
48

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/23/2008 ORDERING that James P. Baker is appointed as attorney for plaintiff; Counsel is directed to contact the Clerk's office to make arrangements for copies of the file; Counsel shall s ubmit all deposition transcript costs for payment pursuant to Section 8030.6 of the California Business and Professions Code. The case is to be set on this court's law and motion calendar for a status conference with 60 days. Clerk shall electro nically serve a copy of this order on James P. Baker. IT IS FURTHER ORDER that Plaintiff's pro se request for a telephonice hearing on his request for preliminary injunctive relief 29 is DENIED; Plaintiff's motion for TRO/TRO/preliminary injunctive relief 24 is VACATED from the court's calendar without prejudice to its renewal; Plaintiff's motion to compel 32 is also VACATED without prejudice to appropriate renewal. (Streeter, J)

Dec. 23, 2008

Dec. 23, 2008

RECAP

SERVICE BY MAIL: 48 Order served on Nyles Lawayne Watson. (Streeter, J)

Dec. 23, 2008

Dec. 23, 2008

PACER
49

JOINT SCHEDULING REPORT by Nyles Lawayne Watson. (Baker, James) (Entered: 01/13/2009)

Jan. 13, 2009

Jan. 13, 2009

PACER
50

ORDER signed by Magistrate Judge Gregory G. Hollows on 01/15/2009 GRANTING 49 Joint Status Conference Scheduling Request. Status Conference set for 2/12/2009 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows.(Streeter, J)

Jan. 15, 2009

Jan. 15, 2009

RECAP
51

MOTION to CONTINUE or Denial of Defendants' Motion for Summary Judgment Under Rule 56(f) by Nyles Lawayne Watson. (Attachments: # 1 Declaration of James P. Baker In Support Of Motion For Denial Or Continuance Of Defendants' Motion For Summary Judgment Under Rule 56(f), # 2 Proposed Order Granting Plaintiff's Motion Under Rule 56(f) And Extending The Discovery Schedule)(Baker, James) (Entered: 01/27/2009)

Jan. 27, 2009

Jan. 27, 2009

Clearinghouse
52

CERTIFICATE of SERVICE by Nyles Lawayne Watson re 50 Order 51 MOTION to CONTINUE or Denial of Defendants' Motion for Summary Judgment Under Rule 56(f) MOTION to CONTINUE or Denial of Defendants' Motion for Summary Judgment Under Rule 56(f), Service by Mail, 48 Order 49 Scheduling Report. (Baker, James) Modified on 1/30/2009 (Plummer, M). (Entered: 01/29/2009)

Jan. 29, 2009

Jan. 29, 2009

PACER
53

MINUTE ORDER: re 50 Order,, Set/Reset Deadlines and Hearings - O, Due to the Court's schedule, the Status Conference currently set on Thursday, February 12, 2009 is hereby continued to Thursday, March 5, 2009 at 10:00 a.m. (Callen, V) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
54

OPPOSITION by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. to Plaintiff's Motion Under Rule 56(f) (Woodbridge Guess, Catherine) (Entered: 02/05/2009)

Feb. 5, 2009

Feb. 5, 2009

PACER
55

REPLY by Nyles Lawayne Watson to RESPONSE to 51 MOTION to CONTINUE or Denial of Defendants' Motion for Summary Judgment Under Rule 56(f) (Baker, James) Modified on 2/20/2009 (Plummer, M). (Entered: 02/19/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER
56

DECLARATION of James P. Baker in Support Of 51 MOTION to CONTINUE or Denial of Defendants' Motion for Summary Judgment Under Rule 56(f) (Attachments: # 1 Exhibit A)(Baker, James) Modified on 2/20/2009 (Plummer, M). (Entered: 02/19/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER
57

STIPULATION to Withdraw Motion for Summary Judgment 46 and Extend Deadlines and Proposed Order. (Baker, James) Modified on 3/5/2009 (Plummer, M). (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

RECAP
58

STIPULATION and PROPOSED ORDER To Remove Status Conference From The Courts Calendar re 53 Minute Order by Nyles Lawayne Watson. (Baker, James) Modified on 3/5/2009 (Plummer, M). (Entered: 03/04/2009)

March 4, 2009

March 4, 2009

PACER
59

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/5/09 and agreed between the parties; dfts' voluntarily WITHDRAW their 46 motion for summary judment; pltf has until 5/25/2009 to amend his cmplt and/or add parties; Discovery due by 8/24/2009; All Pretrial Motions (other than motions to compel and motions in limine) due by 11/23/2009; pltf's 51 motion for denial or continuance is moot. (Yin, K)

March 6, 2009

March 6, 2009

RECAP
60

STIPULATION and PROPOSED ORDER for Extending Response Deadline for Discovery Requests by Nyles Lawayne Watson. (Baker, James) (Entered: 03/25/2009)

March 25, 2009

March 25, 2009

PACER
61

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 3/30/09 ORDERING that plaintiff shall be permitted to serve 25 additional interrogatories on each defendant. Responses to Plaintiffs next set of interrogatories and requests for production of documents will be due 45 days after those requests are served. Plaintiff shall have 45 days from the date of this stipulation to respond to Defendants outstanding discovery requests.(Dillon, M)

March 31, 2009

March 31, 2009

RECAP
62

STIPULATION and PROPOSED ORDER for Extend Deadlines by Nyles Lawayne Watson. (Baker, James) (Entered: 05/14/2009)

May 14, 2009

May 14, 2009

PACER
63

STIPULATION and ORDER re 62 Extending DDLs, signed by Magistrate Judge Gregory G. Hollows on 5/27/09. Pltf shall have UNTIL 6/15/09 to amend his complaint. The parties will have UNTIL 9/14/09 to conduct discovery. The parties will have UNTIL 12/14/09 to file all pretrial motions. (Kastilahn, A)

May 29, 2009

May 29, 2009

RECAP
64

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 6/2/09 ORDERING that plaintiff shall be permitted to serve 25 additional interrogatories on each defendant. Responses to Plaintiffs next set of interrogatories and requests for production of documents will be due 45 days after those requests are served. Plaintiff shall have 45 days from the date of this stipulation to respond to Defendants outstanding discovery requests.(Dillon, M)

June 3, 2009

June 3, 2009

RECAP
65

AMENDED COMPLAINT against all defendants by Nyles Lawayne Watson. (Attachments: # 1 Exhibit)(Baker, James) (Entered: 06/15/2009)

1 Exhibit

View on PACER

June 15, 2009

June 15, 2009

Clearinghouse
66

MOTION to DISMISS by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (Attachments: # 1 Exhibit A to Declaration of Catherine Guess, # 2 Memorandum Request for Judicial Notice)(Woodbridge Guess, Catherine) (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

Clearinghouse
67

MOTION to DISMISS by Naku. Attorney Wilson, Matthew Ross added. (Attachments: # 1 Memorandum of Points & Authorities, # 2 Notice of Lodging of Case, # 3 Exhibit "A" to the Notice of Lodging of Case)(Wilson, Matthew) Modified on 8/10/2009 (Yin, K). (Entered: 07/01/2009)

July 1, 2009

July 1, 2009

PACER
68

MINUTE ORDER (TEXT ONLY): by Crd for Magistrate Judge Gregory G. Hollows on 7/2/09. IT IS HEREBY ORDERED: On the Court's own motion and pursuant to Local Rule 78-230 (b), Defendants' 67 MOTION to DISMISS and 66 MOTION to DISMISS scheduled for hearing on July 30, 2009, are defectively noticed and will not be heard as scheduled. Defendants' are directed to file and serve a new notice of motion in accordance with the Local Rules of this Court.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

PACER
69

AMENDED NOTICE by Naku re 67 MOTION to DISMISS. (Wilson, Matthew) Modified on 7/6/2009 (Yin, K). (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

PACER
70

[DISREGARD, SEE 71 NOTICE W/ EXHIBITS] AMENDED NOTICE OF MOTION to DISMISS by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (Woodbridge Guess, Catherine) Modified on 7/8/2009 (Yin, K). (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
71

AMENDED NOTICE of 66 Motion to Dismiss by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (Woodbridge Guess, Catherine) (Notice incorrectly filed as a motion - termed motion.) Modified on 7/8/2009 (Yin, K). (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
72

MOTION Leave to Take Deposition by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega. (Attachments: # 1 Memorandum in Support, # 2 Declaration (Guess))(Woodbridge Guess, Catherine) Modified on 7/8/2009 (Yin, K). (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
73

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/13/09 ORDERING that dfts' 72 motion for leave to take pltf's depo is VACATED as unecessary; and so long as pltf's depo is noticed in accordance w/ the 14 Discovery Order, it will proceed w/ no further order from this court. (Yin, K)

July 13, 2009

July 13, 2009

RECAP
74

NOTICE of VOLUNTARY DISMISSAL by Nyles Lawayne Watson. (Baker, James) (Entered: 07/17/2009)

July 17, 2009

July 17, 2009

PACER
75

OPPOSITION by Nyles Lawayne Watson to MOTIONS to DISMISS 66, 67 . (Baker, James) Modified on 7/21/2009 (Plummer, M). (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

PACER
76

MOTION to STRIKE EVIDENCE SUBMITTED IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS by Nyles Lawayne Watson. Motion Hearing set for 8/6/2009 at 10:00 AM in Courtroom 24 (GGH) before Magistrate Judge Gregory G. Hollows. (Baker, James) Modified on 7/21/2009 (Plummer, M). Modified on 2/14/2011 (Plummer, M). (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

PACER
77

STIPULATION and [Proposed] Order Continuing Hearing of Defendants' Motion to Dismiss by Nyles Lawayne Watson. (Baker, James) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
78

REPLY by D. K. Sisto, Traquina, Richard Tan, Jason Rohrer, A. Noriega to RESPONSE to 66 MOTION to DISMISS. (Woodbridge Guess, Catherine) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

PACER
79

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 07/28/09 ordering the hearing of the CDCR defendants' motion to dismiss 67 is continued to 08/13/09 at 10:00 a.m. in courtroom 24. (Plummer, M) Modified on 7/28/2009 (Plummer, M).

July 28, 2009

July 28, 2009

RECAP
80

MINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 8/13/2009 re 76 MOTION to STRIKE EVIDENCE SUBMITTED ISO DEFENDANTS' MOTION TO DISMISS filed by Nyles Lawayne Watson. The matter is submitted and the court will issue an order. Plaintiffs Counsel James P. Baker present. Defendants Counsel Catherine W. Guess present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
81

STIPULATION of Dismissal of Defendants Alfredo Noriega MD and Binoye Naku MD by Nyles Lawayne Watson. (Baker, James) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
82

NOTICE of VOLUNTARY DISMISSAL (text only): Defendants Alfredo Noriega M.D. and Binoye Naku M.D. are dismissed without prejudice pursuant to FRCP 41(a)(1) and stipulation of of dismissal 81 . (Plummer, M) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

PACER
83

NOTICE of APPEARANCE by Matthew Silveira on behalf of Nyles Lawayne Watson. Attorney Silveira, Matthew added. (Silveira, Matthew) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
84

STIPULATION and PROPOSED ORDER for Stipulation to Extend Deadlines by Nyles Lawayne Watson. (Silveira, Matthew) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER
85

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 10/27/09 ordering the parties agree to a 60 day extension of the remaining deadlines in this case, whereby the parties will have until 02/12/10 to file all pretrial motions (including dispositive pretrial motions) other than motions to compel and motions in limine.(Plummer, M)

Oct. 27, 2009

Oct. 27, 2009

RECAP
86

NOTICE of Reimbursement of Transcript Costs by the Transcript Reimbursement Fund by Nyles Lawayne Watson. (Baker, James) (Entered: 10/27/2009)

Oct. 27, 2009

Oct. 27, 2009

PACER
87

SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Nyles Lawayne Watson. (Attachments: # 1 signature page)(Mitchell, Caroline) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER

Case Details