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Case Title(PS) Jones v. Office of Workers' Compensation Programs
DistrictEastern District of California
CitySacramento
Case Number2:2011cv02799
Date Filed2011-10-24
Date Closed2013-05-13
JudgeChief Judge Morrison C. England, Jr
PlaintiffMichael R. Jones
DefendantOffice of Workers' Compensation Programs OWCP
AppealNinth Circuit 14-16599
AppealNinth Circuit 14-16875
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [3]
Opinion/Order [4]
Opinion/Order [15]
Opinion/Order [22]
Opinion/Order [30]
Opinion/Order [36]
Opinion/Order [44]
Opinion/Order [48]
Opinion/Order [52]
Opinion/Order [56]
Opinion/Order [59]
Opinion/Order [73]
Opinion/Order [83]
Opinion/Order [86]
Opinion/Order [98]
Opinion/Order [109]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-10-241COMPLAINT against Office of Workers' Compensation Programs by Michael R Jones. (Attachments: # 1 Civil Cover Sheet)(Meuleman, A) (Entered: 10/25/2011)
2011-10-242MOTION to PROCEED IN FORMA PAUPERIS by Michael R Jones. (Meuleman, A) (Entered: 10/25/2011)
2011-10-25APPLICATION TO PROCEED IFP filed - Action Required. (Meuleman, A) (Entered: 10/25/2011)
2011-10-273ORDER signed by Magistrate Judge Craig M. Kellison on 10/27/2011 GRANTING 2 Motion to Proceed IFP. (Michel, G) (Entered: 10/27/2011)
2011-10-27SERVICE BY MAIL: 3 Order on Motion to Proceed in forma pauperis served on Michael R. Jones. (Michel, G) (Entered: 10/27/2011)
2011-11-154ORDER signed by Magistrate Judge Craig M. Kellison on 11/14/11 ORDERING that the Clerk of the Court shall issue a summons in a civil case, the undersigneds new case documents, and an order setting this matter for an initial scheduling conference; Clerk of the Court shall send plaintiff the summons, one USM-285 form, and a copy of the complaint; Within 15 days from the date of this order, plaintiff shall complete the summons by indicating the addresses of the named defendants and shall submit to the United States Marshal at the address indicated below the appropriate documents (see order for details). Clerk of the Court is directed to serve a copy of this order on the United States Marshal. (cc USM)(Dillon, M) (Entered: 11/15/2011)
2011-11-155[DISREGARD-- ISSUED IN ERROR] PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 12/19/2011 (Dillon, M) Modified on 11/15/2011 (Dillon, M). (Entered: 11/15/2011)
2011-11-156CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 3/28/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Attachments: # 1 Consent Form) (Dillon, M) (Entered: 11/15/2011)
2011-11-157SUMMONS ISSUED as to *Office of Workers' Compensation Programs* with answer to complaint due within *30* days. Attorney *Michael R. Jones* *P.O. Box 872* *Fall River Mills, CA 96028*. (Dillon, M) (Entered: 11/15/2011)
2011-11-15SERVICE BY MAIL: 4 Order, 6 Civil New Case Documents for MCE, 7 Summons, 1 Complaint, one USM-285 form served on Michael R Jones. (Dillon, M) (Entered: 11/15/2011)
2011-11-308SUMMONS RETURNED EXECUTED: defendant Office of Workers' Compensation Programs served on 11/30/2011. (Marciel, M) (Entered: 12/01/2011)
2011-12-069CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Michael R Jones. (Zignago, K.) (Entered: 12/07/2011)
2011-12-0610CERTIFICATE of SERVICE by Michael R Jones re 6 Civil New Case Documents. (Zignago, K.) (Entered: 12/07/2011)
2011-12-1211CERTIFICATE of SERVICE by Michael R Jones re 6 Civil New Case Documents. (Becknal, R) (Entered: 12/14/2011)
2012-01-2012MOTION for EXTENSION of TIME to FILE ANSWER (Ex Parte, Initial, 30-day) by Office of Workers' Compensation Programs. Attorney Himel, Yoshinori H. T. added. (Himel, Yoshinori) (Entered: 01/20/2012)
2012-01-2313SUMMONS RETURNED EXECUTED: Office of Workers' Compensation Programs served on 12/29/2011, answer due 1/19/2012. (Kastilahn, A) (Entered: 01/24/2012)
2012-02-0214SUMMONS RETURNED EXECUTED by Michael R Jones. (Becknal, R) (Entered: 02/03/2012)
2012-02-0615ORDER signed by Magistrate Judge Craig M. Kellison on 2/6/12: The time for response to the complaint is EXTENDED for an inital period of 30 days, from January 30, 2012, until February 29, 2012. (Kaminski, H) (Entered: 02/06/2012)
2012-02-06SERVICE BY MAIL: 15 Order, served on Michael R Jones. (Kaminski, H) (Entered: 02/06/2012)
2012-02-2916ANSWER to 1 Complaint by Office of Workers' Compensation Programs.(Himel, Yoshinori) (Entered: 02/29/2012)
2012-03-2117STATUS REPORT by Office of Workers' Compensation Programs. (Himel, Yoshinori) (Entered: 03/21/2012)
2012-03-2118STATUS REPORT and proposed discovery plan by Michael R Jones. (Reader, L) (Entered: 03/22/2012)
2012-03-2719MOTION to DISALLOW and EXPUNGE 17 Status Report by Michael R Jones. (Michel, G) (Entered: 03/28/2012)
2012-03-2720RESPONSE to 17 Status Report by Michael R Jones. (Michel, G) (Entered: 03/28/2012)
2012-03-2821MINUTES (Text Only) for proceedings held before Magistrate Judge Craig M. Kellison: SCHEDULING CONFERENCE held on 3/28/2012. Formal order to follow. Plaintiffs Counsel Pro Se present. Defendants Counsel Yoshinori Himel present. (Pine, C) (Entered: 03/28/2012)
2012-03-28SERVICE BY MAIL: 21 Scheduling Conference served on Michael R Jones. (Pine, C) (Entered: 03/28/2012)
2012-03-2922ORDER signed by Magistrate Judge Craig M. Kellison on 3/28/12 ORDERING that any motion for leave to conduct discovery shall be filed no later than July 6, 2012. (Becknal, R) (Entered: 03/29/2012)
2012-03-29SERVICE BY MAIL: 22 Order served on Michael R Jones. (Becknal, R) (Entered: 03/29/2012)
2012-04-0423[STRICKEN SEE ORDER 30 ] MOTION to Order Defendants to Produce a Copy of Plaintiff's DOL/OWCP Records by Michael R Jones. (Meuleman, A) Modified on 6/27/2012 (Reader, L). (Entered: 04/05/2012)
2012-04-0624OPPOSITION by Office of Workers' Compensation Programs to 23 MOTION to Order Defendants to Produce a Copy of Plaintiff's DOL/OWCP Records. (Attachments: # 1 Declaration of Pamela Beauvais)(Himel, Yoshinori) (Entered: 04/06/2012)
2012-04-1025REPLY by Michael R Jones to RESPONSE to 23 MOTION to Order Defendants to Produce a Copy of Plaintiff's DOL/OWCP Records. (Zignago, K.) (Entered: 04/11/2012)
2012-05-1126NOTICE of CHANGE of ADDRESS to PO Box 222, McArthur, CA 96056 by Michael R Jones. (Becknal, R) (Entered: 05/15/2012)
2012-05-1127REQUEST for minutes by Michael R Jones re 21 Scheduling Conference. (Becknal, R) (Entered: 05/15/2012)
2012-05-1128TRANSCRIPT REQUEST by Michael R Jones for proceedings held on 3/28/12 before Judge Craig M. Kellison, (Becknal, R) (Entered: 05/15/2012)
2012-06-1929TRANSCRIPT of Initial Scheduling Conference Proceedings held on 03/28/12, before Magistrate Judge Craig M. Kellison. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/12/2012. Redacted Transcript Deadline set for 7/20/2012. Release of Transcript Restriction set for 9/17/2012 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) (Entered: 06/19/2012)
2012-06-2630ORDER signed by Magistrate Judge Craig M. Kellison on 6/25/2012 ORDERING 23 that plaintiff's motion for leave to conduct discovery is STRICKEN for violation of Local Rule 230; and this matter is set for a Status Conference set for 7/18/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Reader, L) (Entered: 06/26/2012)
2012-06-26SERVICE BY MAIL: 30 Order, served on Michael R. Jones. (Reader, L) (Entered: 06/26/2012)
2012-07-0331MOTION to COMPEL PRODUCTION of plaintiff's case file records, leave to conduct discovery, objections to 30 Order, and correction in the 3/28/12 initial status conference transcript, by Michael R. Jones. (Kastilahn, A) (Entered: 07/05/2012)
2012-07-1332MOTION to DISMISS for LACK of JURISDICTION by Office of Workers' Compensation Programs. Motion Hearing set for 8/29/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Himel, Yoshinori) (Entered: 07/13/2012)
2012-07-1333STATUS REPORT by defendant Office of Workers' Compensation Programs. (Himel, Yoshinori) Modified on 7/16/2012 (Marciel, M) (Entered: 07/13/2012)
2012-07-1834(Text Only - No Document Attached) STATUS CONFERENCE held before Magistrate Judge Craig M. Kellison on 7/18/2012. Plaintiff Pro Se present. Defendant's Counsel Yoshinori Himel present. (Pine, C) (Entered: 07/18/2012)
2012-07-18SERVICE BY MAIL: 34 Status Conference served on Michael R. Jones. (Pine, C) (Entered: 07/18/2012)
2012-08-0135AMENDED 32 MOTION to DISMISS and JUDGMENT on the PLEADINGS by Office of Workers' Compensation Programs. Motion Hearing set for 8/29/2012 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. (Attachments: # 1 Declaration of Antonio Rios, # 2 Supplemental Declaration of Pamela Beauvais (Himel, Yoshinori) Modified on 8/3/2012 (Kaminski, H). (Entered: 08/01/2012)
2012-08-0336ORDER signed by Magistrate Judge Craig M. Kellison on 8/2/2012. Defendants directed to file redacted Declarations forthwith. Clerk shall delete any link or reference to unredacted Declarations from public record. (Marciel, M) (Entered: 08/03/2012)
2012-08-03SERVICE BY MAIL: 36 Order requiring defendants to file redacted declarations served on plaintiff Michael R. Jones. (Marciel, M) (Entered: 08/03/2012)
2012-08-0337DECLARATION of Antonio Rios in Suport of 35 Amended 32 Motion to Dismiss and for Judgment on Pleadings. (Attachments: # 1 Declaration with Exhibits 1-6, # 2 Exhibits 7-13, # 3 Exhibits 14-20)(Himel, Yoshinori) Modified on 8/6/2012 (Becknal, R). (Entered: 08/03/2012)
2012-08-0738OPPOSITION by Michael R. Jones to 32 Motion to Dismiss. (Becknal, R) (Entered: 08/09/2012)
2012-08-1339TRANSCRIPT of Status Conference Proceedings held on 07/18/2012, before Magistrate Judge Craig M. Kellison. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/4/2012. Redacted Transcript Deadline set for 9/13/2012. Release of Transcript Restriction set for 11/13/2012 filed by ECRO Jonathan Anderson, Phone number 916-930-4072 E-mail janderson@caed.uscourts.gov. (Anderson, J) (Entered: 08/13/2012)
2012-08-1640OPPOSITION by Plaintiff Michael R. Jones to 35 Defendants' Amended Motion to Dismiss and for Judgment on Pleadings. (Attachments: # 1 Opposition to Motion (Cont'd))(Kastilahn, A) (Entered: 08/17/2012)
2012-08-2241REPLY by Office of Workers' Compensation Programs to RESPONSE to 35 Amended 32 Motion to Dismiss and for Judgment on PleadingsAmended 32 Motion to Dismiss and for Judgment on Pleadings, 32 Motion to Dismiss. (Himel, Yoshinori) (Entered: 08/22/2012)
2012-08-2942MINUTES (Text Only) for proceedings held before Magistrate Judge Craig M. Kellison: MOTION HEARING held on 8/29/2012. Plaintiffs Counsel In Pro Se present. Defendants Counsel Yoshinori Himel present. (Pine, C) (Entered: 08/29/2012)
2012-08-29SERVICE BY MAIL: 42 Motion Hearing served on Michael R. Jones. (Pine, C) (Entered: 08/29/2012)
2012-09-1143NOTICE OF LODGING DOCUMENT IN PAPER by Michael R. Jones: Plaintiff's Exhibits 50 and 51, Entire Department of Labor and Office of Workers' Compensation Programs Case Files/Records. [Rec'd 9/10/2012, routed to File Room] (Michel, G) (Entered: 09/11/2012)
2012-10-2244FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 10/19/12 RECOMMENDING that the 35 Amended Motion to Dismiss be granted; plaintiff's access claim be dismissed with prejudice as moot; plaintiff's amendment claim be dismissed without prejudice and without leave to amend as unexhausted; plaintiff's claim for benefits be dismissed with prejudice as an impermissible collateral challenge to the underlying agency decisions; plaintiff's catch-all damages claim be dismissed with leave to amend; and plaintiff's 31 Motion for discovery be denied without prejudice to renewal, at the earliest, following filing of an amended complaint. Objections to these F&Rs due within 14 days; motions and case referred to Judge Morrison C. England, Jr. (Benson, A.) (Entered: 10/22/2012)
2012-10-22SERVICE BY MAIL: 44 Findings and Recommendations served on Michael R. Jones. (Benson, A.) (Entered: 10/22/2012)
2012-11-1645EX PARTE APPLICATION for Initial Three-Week Extension of Time to respond to Objection to 44 Findings and Recommendations by Office of Workers' Compensation Programs. (Himel, Yoshinori) Modified on 11/19/2012 (Marciel, M) (Entered: 11/16/2012)
2012-11-1646OPPOSITION by plaintiff Michael R. Jones to defendants' 45 Ex Parte Application for Initial 3-Week Extension of Time to respond to Objections for 44 Findings and Recommendations. (Marciel, M) (Entered: 11/19/2012)
2012-11-2647SECOND OPPOSITION by Plaintiff Michael R. Jones to 45 Ex Parte Application for Initial 3-Week Extension of Time. (Attachments: # 1 Attachment 1-6, # 2 Attachment 7, Part 1, # 3 Attachment 7, Part 1.b, # 4 Attachment 7, Part 2, # 5 Attachment 7, Part 2.b, # 6 Attachment 7, Part 2.c, # 7 Attachment 8, # 8 Attachment 9)(Meuleman, A). MAINTAINED ON PAPER. Modified on 11/27/2012 (Meuleman, A). (Entered: 11/27/2012)
2012-12-0648ORDER granting 45 Motion for an extension of time signed by Magistrate Judge Craig M. Kellison on 12/5/12: Defendant may file a response to plaintiff's objections to the court's October 22, 2012, findings and recommendations by December 12, 2012. (Kaminski, H) (Entered: 12/06/2012)
2012-12-06SERVICE BY MAIL: 48 Order, served on Michael R. Jones. (Kaminski, H) (Entered: 12/06/2012)
2012-12-1149OPPOSITION by Plaintiff Michael R. Jones to 48 Order. (Kastilahn, A) (Entered: 12/12/2012)
2012-12-1250RESPONSE by Office of Workers' Compensation Programs to 47 Opposition. (Himel, Yoshinori) Modified on 12/12/2012 (Meuleman, A). (Entered: 12/12/2012)
2012-12-2651REPLY by Michael R. Jones to 50 Response. (Zignago, K.) (Entered: 12/27/2012)
2013-01-1752ORDER signed by Magistrate Judge Craig M. Kellison on 1/16/2013 ORDERING 19 that plaintiff's motion to disallow and expunge is DENIED. (Reader, L) (Entered: 01/17/2013)
2013-01-17SERVICE BY MAIL: 52 Order on Motion, served on Michael R. Jones. (Reader, L) (Entered: 01/17/2013)
2013-01-2853OPPOSITION by Plaintiff Michael R. Jones to 52 Order on Motion to Strike. (Kastilahn, A) (Entered: 01/29/2013)
2013-02-0554NOTICE of inaccessibility of P.O. Box 222, McArthur, CA by Michael R. Jones. (Michel, G) (Entered: 02/06/2013)
2013-02-0555NOTICE of accessibility of P.O. Box 222, McArthur, CA by Michael R. Jones. (Michel, G) (Entered: 02/06/2013)
2013-02-2656ORDER signed by Chief Judge Morrison C. England, Jr on 2/25/13 ORDERING that the findings and recommendations filed October 22, 2012 44 are ADOPTED IN FULL; Defendant's motion to dismiss 32 and 35 is GRANTED; Plaintiff's access claim is DISMISSED with prejudice as moot; Plaintiff's amendment claim is DISMISSED without prejudice and without leave to amend as unexhausted; Plaintiff's claim for benefits is DISMISSED with prejudice as an impermissible collateral challenge to the underlying agency decisions; Plaintiff's catch-all damages claim is DISMISSED with leave to amend; and Plaintiff's motion for discovery 31 is DENIED without prejudice to renewal, at the earliest, following filing of an amended complaint; and Plaintiff shall file an amended complaint, if he chooses to do so, within thirty (30) days from the date this Order is electronically filed. If no amended pleading is filed within 30 days, the Court will dismiss Plaintiff's catch-all damages claim with prejudice and will direct the Clerk of the Court to close this case. (Becknal, R) (Entered: 02/26/2013)
2013-02-26SERVICE BY MAIL: 56 Order served on Michael R. Jones. (Becknal, R) (Entered: 02/26/2013)
2013-03-1157OBJECTIONS to 56 Order Adopting Findings and Recommendations by Plaintiff Michael R. Jones. (Michel, G) (Entered: 03/12/2013)
2013-03-2558RESPONSE by Michael R. Jones to 56 Order. (Kaminski, H) (Entered: 03/26/2013)
2013-05-1359ORDER signed by Chief Judge Morrison C. England, Jr on 5/10/13 DISMISSING Plaintiff's catch-all damages claim WITH PREJUDICE; and the Clerk of the Court is DIRECTED to enter judgment of DISMISSAL WITH PREJUDICE on all claims and close this case. CASE CLOSED. (Meuleman, A) (Entered: 05/13/2013)
2013-05-1360JUDGMENT dated *5/13/13* pursuant to order signed by Chief Judge Morrison C. England, Jr on 5/10/13. (Meuleman, A) (Entered: 05/13/2013)
2013-05-13SERVICE BY MAIL: 59 Order Dismissing Case, 60 Judgment served on Michael R. Jones. (Meuleman, A) (Entered: 05/13/2013)
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