| Date Filed | Doc # | Docket Text |
|
| 2014-05-02 | 1 | Application for Leave to Proceed IFP. Filed by Tad Kenneth Linnell Engman. (cib) (Entered: 05/02/2014) |
| 2014-05-02 | 2 | Complaint. Jury Trial Requested: No. Filed by Tad Kenneth Linnell Engman against Veterans' Administration Portland Medical Center (Attachments: # 1 Civil Cover Sheet). (cib) (Entered: 05/02/2014) |
| 2014-05-02 | 3 | Motion for Appointment of Pro Bono Counsel. Filed by Tad Kenneth Linnell Engman. (cib) (Entered: 05/02/2014) |
| 2014-05-02 | 4 | Notice of Case Assignment: This case is assigned to Judge Marco A. Hernandez. (cib) (Entered: 05/02/2014) |
| 2014-05-02 | 5 | Clerk's Notice of Mailing to Tad Kenneth Linnell Engman regarding Case Assignment Notice 4 . (cib) (Entered: 05/02/2014) |
| 2014-05-12 | 6 | ORDER: Granting Motion for Leave to Proceed in Forma Pauperis 1 . Ordered by Judge Marco A. Hernandez. (mr) (Entered: 05/12/2014) |
| 2014-05-12 | 7 | ORDER: Plaintiff's motion for appointment of counsel 3 is DENIED. Plaintiff's Complaint demonstrates his ability to sufficiently articulate his claim. The facts and legal issues do not appear to be overly complex. As a result, at this stage of the proceeding, there are no exceptional circumstances supporting the appointment of counsel under 28 U.S.C. Sec. 1915(e). See Wood v. Housewright , 900 F.2d 1332, 1335-36 (9th Cir. 1990) (counsel should be appointed only in exceptional circumstances based on such factors as the likelihood of success on the merits and the ability of the plaintiff to articulate his claims in light of their complexity). Ordered by Judge Marco A. Hernandez. (mr) (Entered: 05/12/2014) |
| 2014-05-12 | 8 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order (to proceed IFP) 6 , and Order Denying Motion for Appointment of Counsel 7 . (mr) (Entered: 05/12/2014) |
| 2014-05-13 | 9 | Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 9/10/2014. Joint Alternate Dispute Resolution Report is due by 10/10/2014. Pretrial Order is due by 10/10/2014. Ordered by Judge Marco A. Hernandez. (cib) Document title corrected on 5/14/2014. (mr) (Entered: 05/13/2014) |
| 2014-05-13 | 10 | Clerk's Notice of Mailing to Tad Kenneth Linnell Engman regarding Discovery Order 9 . (jtj) (Entered: 05/13/2014) |
| 2014-05-27 | 11 | Motion for Leave to File Amended Complaint. Filed by Tad Kenneth Linnell Engman. (cib) (Entered: 05/29/2014) |
| 2014-05-29 | 12 | ORDER: Granting Plaintiff's Motion for Leave to File Amended Complaint 11 . The Clerk of the Court is directed to upload the First Amended Complaint as attached to plaintiff's motion. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 05/29/2014) |
| 2014-05-29 | 13 | First Amended Complaint. Filed by Tad K. L. Engman against Veterans' Administration Portland Medical Center. (mr) (Entered: 05/29/2014) |
| 2014-05-29 | 14 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 12 and First Amended Complaint 13 . (mr) (Entered: 05/29/2014) |
| 2014-06-10 | 15 | Summons Issued as to Veterans' Administration Portland Medical Center. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (msk) (Entered: 06/10/2014) |
| 2014-06-27 | 16 | Return of Service Executed as to Veterans' Administration Portland Medical Center served on 6/20/2014, answer due on 8/19/2014. Filed by Tad K. L. Engman. (dsg) (Entered: 07/02/2014) |
| 2014-06-27 | 17 | Return of Service Executed Service specifically made upon Local US Attorney. Filed by Veterans' Administration Portland Medical Center. (dsg) (Entered: 07/02/2014) |
| 2014-07-02 | 18 | Return of Service Executed as to Veterans' Administration Portland Medical Center served on 6/26/2014, answer due on 8/19/2014. Service specifically made upon US Attorney General. Filed by Tad K. L. Engman. (dsg) (Entered: 07/07/2014) |
| 2014-07-24 | 19 | STRICKEN pursuant to order dated 7/30/3014. Motion for Default Judgment. Filed by Tad K. L. Engman. (Attachment: # 1 Attachment) (dsg) Modified on 7/28/2014 to correct file date (dsg). Modified on 7/30/2014. (mr) (Entered: 07/28/2014) |
| 2014-07-24 | 20 | STRICKEN pursuant to order dated 7/30/2014 Motion for Attorney Fees. Filed by Tad K. L. Engman. (Attachment: # 1 Attachment) (dsg) Modified on 7/30/2014. (mr) (Entered: 07/28/2014) |
| 2014-07-30 | 21 | ORDER: Striking Motion for Default Judgment 19 and Striking Motion for Attorney Fees 20 as the motions are premature. The Government has until 8/19/2014 to respond to Plaintiff's complaint. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 07/30/2014) |
| 2014-07-30 | 22 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 21 . (mr) (Entered: 07/30/2014) |
| 2014-08-19 | 23 | Motion for Extension of Time to Answer Amended Complaint 13 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 08/19/2014) |
| 2014-08-19 | 24 | ORDER: Granting Defendant's Motion for Extension of Time to Answer 23 . Answer/Response is due by 9/2/2014. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/19/2014) |
| 2014-08-20 | 25 | Plaintiff's Second Motion for a Default Judgment. Filed by Tad K. L. Engman. (Attachments: # 1 Attachment, # 2 Exhibit) (dsg) (Entered: 08/20/2014) |
| 2014-08-20 | 26 | Motion for Attorney Fees in Default Judgment. Filed by Tad K. L. Engman. (Attachments: # 1 Attachment) (dsg) (Entered: 08/20/2014) |
| 2014-08-25 | 27 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 24 . (mr) (Entered: 08/25/2014) |
| 2014-08-25 | 28 | Response in Opposition to Motion for Extension of Time to Answer Amended Complaint 13 23 . Filed by Tad K. L. Engman. (Attachment: # 1 Exhibit) (dsg) (Entered: 08/25/2014) |
| 2014-08-26 | 29 | ORDER: Finding as Moot Motion for Default Judgment 25 and Motion for Attorney Fees 26 . These motions are premature as the defendant was granted an extension of time to answer until 9/2/2014. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/26/2014) |
| 2014-08-26 | 30 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 29 . (mr) (Entered: 08/26/2014) |
| 2014-09-02 | 31 | Motion to Dismiss . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 09/02/2014) |
| 2014-09-02 | 32 | Declaration of Molly Kok . Filed by Veterans' Administration Portland Medical Center. (Related document(s): Motion to Dismiss 31 .) (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 09/02/2014) |
| 2014-09-04 | 33 | Motion for Extension of Time to File a Response/Reply to Motion to Dismiss 31 . Titled: "Plaintiff's Motion for Expedited Ex Parte Order to Allow 14 Days From Service of Defendant's Motion to Dismiss for Response." Filed by Tad K. L. Engman. (Attachment: # 1 Exhibit) (dsg) (Entered: 09/09/2014) |
| 2014-09-15 | 34 | ORDER: Plaintiff's Motion for Expedited Ex Parte Order 33 is Denied as unnecessary. The Local Rules provide him with the time he requested to respond to the pending motion to dismiss. Local Rule 7-1(e) allows 14 days after service of a motion to file a response. Additionally, Federal Rule of Civil Procedure 6(d) allows for three additional days after service of a motion by mail. Fed. R. Civ. P. 6(d). Thus, because the motion was filed on September 2, 2014, Plaintiff's response is due September 19, 2014. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 09/15/2014) |
| 2014-09-15 | 35 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 34 . (mr) (Entered: 09/15/2014) |
| 2014-09-15 | 36 | Motion Questioning of the Evidence Supporting the Findings of the Court's Order Granting Defendant's Motion for Extension of Time to Answer 32 . Filed by Tad K. L. Engman. (Attachments: # 1 Exhibit) (dsg) (Entered: 09/16/2014) |
| 2014-09-16 | 37 | ORDER: Denying Plaintiff's Motion Questioning of the Evidence Supporting the Findings of the Court's Order Granting Defendant's Motion for Extension of Time to Answer 36 . Ordered by Judge Marco A. Hernandez. (mr) (Entered: 09/16/2014) |
| 2014-09-16 | 38 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 37 . (mr) (Entered: 09/16/2014) |
| 2014-09-19 | 39 | Response to Motion to Dismiss 31 and Memorandum in Support. Filed by Tad K. L. Engman. (dsg) (Entered: 09/19/2014) |
| 2014-09-19 | 40 | Demand for Jury Trial by Tad K. L. Engman. Filed by Tad K. L. Engman. (dsg) (Entered: 09/19/2014) |
| 2014-10-03 | 41 | Reply to Motion to Dismiss 31 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 10/03/2014) |
| 2014-10-03 | 42 | Declaration of Charles Wilson . Filed by Veterans' Administration Portland Medical Center. (Related document(s): Reply to Motion 41 .) (Danielson, Kevin) (Entered: 10/03/2014) |
| 2014-10-03 | 43 | Second Declaration of Molly Kok . Filed by Veterans' Administration Portland Medical Center. (Related document(s): Reply to Motion 41 .) (Danielson, Kevin) (Entered: 10/03/2014) |
| 2014-10-06 | 44 | Certificate of Service by Veterans' Administration Portland Medical Center of Declaration 43 Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 10/06/2014) |
| 2014-10-08 | 45 | Motion for Extension of Time Defendant's Motion to Modify Scheduling Order . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 10/08/2014) |
| 2014-10-24 | 46 | ORDER: Granting in Part Defendant's Motion to Modify the Scheduling Order 45 . The currently-set case management dates are vacated and shall be reset should the case survive the the pending motion to dismiss. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 10/24/2014) |
| 2014-10-24 | 47 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 46 . (mr) (Entered: 10/24/2014) |
| 2014-10-24 | 48 | Response to Defendant's Motion to Modify the Scheduling Order 45 . Filed by Tad K. L. Engman. (dsg) Modified on 11/4/2014 to add link to motion (ecp). (Entered: 10/24/2014) |
| 2014-11-21 | 49 | Scheduling Order by Judge Marco A. Hernandez regarding Motion to Dismiss 31 . Oral Argument is SET for 12/2/2014 at 01:30PM by telephone before Judge Marco A. Hernandez. The court will place calls to the parties at the telephone number listed on the court's docket. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 11/21/2014) |
| 2014-11-21 | 50 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Scheduling Order 49 . (mr) (Entered: 11/21/2014) |
| 2014-11-26 | 51 | Motion to Cancel Oral Argument on Defendant's Motion to Dismiss. Filed by Tad K. L. Engman. (dsg) (Entered: 12/01/2014) |
| 2014-12-01 | 52 | ORDER: Granting Plaintiff's Motion to Cancel Oral Argument 51 . The Court has stricken the oral argument set for Tuesday, December 2, 2014 pursuant to Plaintiff's request that no oral argument be held. The Court is ready to issue a decision regarding the pending motion to dismiss but requested oral argument in order to ask Plaintiff the following question: What amount of money has Plaintiff expended in costs thus far in support of the case and for what expenses exactly? Plaintiff is ordered to submit a statement (not a motion) of costs incurred so far with an indication of what the cost was for, when it was expended, and the amount, no later than December 15, 2014. The matter is then taken under advisement as of 12/16/2014. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 12/01/2014) |
| 2014-12-01 | 53 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 52 . (mr) (Entered: 12/01/2014) |
| 2014-12-03 | 54 | Demand for Jury Trial by Tad K. L. Engman. Filed by Tad K. L. Engman. (dsg) (Entered: 12/09/2014) |
| 2014-12-15 | 55 | Statement of Costs Incurred so far In Support of this Case re Order on Motion - Miscellaneous 52 . Filed by Tad K. L. Engman. (dsg) (Entered: 12/16/2014) |
| 2014-12-15 | 56 | Motion for Leave to File a Supplemental Pleading. Filed by Tad K. L. Engman. (Attachments: # 1 Proposed Document) (dsg) (Main Document and attachment 1 replaced on 12/17/2014 with corrected PDFs. The initial PDFs would not open.) (eo) (Entered: 12/16/2014) |
| 2014-12-31 | 57 | Response to Motion for Leave 56 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 12/31/2014) |
| 2015-01-15 | 58 | Plaintiff's Reply to Defendant's Response to Plaintiff's Motion to File Supplemental Pleading. Filed by Tad K. L. Engman. (Related document(s): Motion for Leave 56 , Response to Motion 57 .) (Attachments: # 1 Exhibit) (dsg) (Entered: 01/15/2015) |
| 2015-01-16 | 59 | OPINION & ORDER: Defendant's motion to dismiss 31 is granted in part and denied in part. The motion is denied as to Plaintiff's non-medical records. The motion is granted as to Plaintiff's medical records, as to any defendant other than "Veterans' Administration Portland Medical Center" (the only named defendant), and as to any claim for damages, costs, and attorney's fees. Plaintiff's motion to for leave to file a supplemental complaint 56 is denied. See 12-page opinion & order attached. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 01/16/2015) |
| 2015-01-16 | 60 | Scheduling Order: Discovery is to be completed by 5/18/2015. Dispositive Motions are due by 6/18/2015. Pretrial and trial dates shall be set, as needed, after ruling on dispositive motions. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 01/16/2015) |
| 2015-01-16 | 61 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Opinion & Order 59 , and Scheduling Order 60 . (mr) (Entered: 01/16/2015) |
| 2015-03-16 | 62 | Motion to Strike Defendant's First Request for Production of Documents to Plaintiff and Defendant's First Interrogatories to Plaintiff. Filed by Tad K. L. Engman. (dsg) (Entered: 03/17/2015) |
| 2015-03-16 | 63 | Motion for Various Sanctions. Filed by Tad K. L. Engman. (dsg) (Entered: 03/17/2015) |
| 2015-03-27 | 64 | Motion for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion for Sanctions . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 03/27/2015) |
| 2015-03-31 | 65 | Response in Opposition to Motion for Extension of Time to Respond to Plaintiff's Motion to Strike and Motion for Sanctions 64 . Filed by Tad K. L. Engman. (dsg) (Entered: 03/31/2015) |
| 2015-04-02 | 66 | ORDER: The Court has reviewed Defendant's Motion to Extend Time 64 as well as Plaintiff's Opposition to that Motion 65 . The Court grants Defendant's Motion to Extend Time 64 and thus, Defendant's responses to Plaintiff's motions to strike and for sanctions is due on April 10, 2015. Plaintiff's reply, if any, to the motions to strike and for sanctions is due according to the schedule set forth in Local Rule 7-1(e). Plaintiff's responses to the discovery requests that are at issue in Plaintiffs' motions are stayed until resolution of Plaintiff's motions. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 04/02/2015) |
| 2015-04-02 | 67 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 66 . (mr) (Entered: 04/02/2015) |
| 2015-04-09 | 68 | Notice of Change of Address. Zip code updated. Filed by Tad K. L. Engman (dsg) (Entered: 04/09/2015) |
| 2015-04-10 | 69 | Response to Motion to Strike 62 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 04/10/2015) |
| 2015-04-10 | 70 | Response to Motion for Imposition of Sanctions 63 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 04/10/2015) |
| 2015-04-27 | 71 | Reply to Motion to Strike 62 . Titled, "Plaintiff's Reply to Defendant's Response to Plaintiff's Motion to Strike Discovery Requests. " Filed by Tad K. L. Engman. (dsg) (Entered: 04/28/2015) |
| 2015-04-27 | 72 | Reply to Motion for Imposition of Sanctions 63 . Titled, "Plaintiff's Reply to Defendant's Response to Plaintiff's Motion for Various Sanctions. " Filed by Tad K. L. Engman. (dsg) (Entered: 04/28/2015) |
| 2015-05-05 | 73 | ORDER: Plaintiff's Motion to Strike 62 and Plaintiff's Motion for Imposition of Sanctions 63 are DENIED for the reasons explained by Defendant in its responses to Plaintiff's motions. Plaintiff shall respond to Defendant's discovery requests no later than May 29, 2015. Dispositive motions are now due June 30, 2015. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 05/05/2015) |
| 2015-05-05 | 74 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Order 73 . (mr) (Entered: 05/05/2015) |
| 2015-05-29 | 75 | Motion for Extension of Discovery & PTO Deadlines. Filed by Tad K. L. Engman. (dsg) (Entered: 05/29/2015) |
| 2015-05-29 | 76 | Motion to Compel Disclosures. Filed by Tad K. L. Engman. (dsg) (Entered: 06/01/2015) |
| 2015-06-15 | 77 | Response to Motion to Compel 76 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 06/15/2015) |
| 2015-06-15 | 78 | Response to Motion for Extension of Discovery & PTO Deadlines 75 . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 06/15/2015) |
| 2015-06-16 | 79 | ORDER: Plaintiff's Motion to Compel Disclosures 76 is DENIED. FRCP 26(a)(1) requires a party to provide certain initial disclosures within 14 days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order. FRCP 26(a)(1)(C). Under FRCP 26(f)(1), the parties must confer as soon as practicable but in any event at least 21 days before a scheduling conference is held or a scheduling order is due under Rule 16(b). As the record in this case makes clear, this Court exercised its discretion to issue a case schedule without conducting a scheduling conference with the parties and without requiring the parties to submit a Rule 26(f) report/discovery plan. This Court's actions obviated the need for a Rule 26(f) conference. As a result, without a Rule 26(f) conference, the trigger for the provision of initial disclosures under FRCP 26(a)(1)(C) never occurred. Given that the case has been pending for more than one year, that discovery closed in May 2015 (although Plaintiff's motion to extend is pending), and that Plaintiff waited until May 29, 2015 to move for the production of initial disclosures, I deny the motion. Additionally, no reply to the motion is permitted. Plaintiff's Motion to Extend Discovery 75 is GRANTED IN PART. No reply to the motion is permitted. Discovery is extended to July 17, 2015. Dispositive motions are due July 31, 2015. No further extensions of any deadlines will be granted. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 06/16/2015) |
| 2015-06-26 | 80 | Motion for Imposition of Sanctions . Filed by Veterans' Administration Portland Medical Center. (Attachments: # 1 Exhibit 1) (Danielson, Kevin) (Entered: 06/26/2015) |
| 2015-07-10 | 81 | Motion to Strike Motion for Imposition of Sanctions 80 . Filed by Tad K. L. Engman. (Attachments: # 1 Exhibits) (dsg) (Entered: 07/13/2015) |
| 2015-07-13 | 82 | Response to Motion for Imposition of Sanctions 80 . Filed by Tad K. L. Engman. (dsg) (Entered: 07/15/2015) |
| 2015-07-17 | 83 | Motion to Compel Disclosure of Second Interrogatories to Defendant. Filed by Tad K. L. Engman. (Attachments: # 1 Attachment) (dsg) (Entered: 07/20/2015) |
| 2015-07-21 | 84 | ORDER: Defendant's motion for imposition of sanctions 80 is denied. The requested sanction of dismissal is not supported by the record because, at this point, the record does not establish that Plaintiff has acted in bad faith or that any failure by Plaintiff to respond to Defendant's discovery requests is willful and also because less drastic sanctions should be considered before dismissal. See U.S. ex rel. Wiltec Guam, Inc. v. Kahaluu Constr. Co. , 857 F.2d 600, 604 (9th Cir. 1988) (the "district court abuses its discretion if it imposes a dismissal sanction without first considering the impact of the sanction and the adequacy of less drastic sanctions") (internal quotation marks omitted). Further, except in egregious circumstances, the district court should warn the party facing sanctions of the possibility of dismissal. Computer Task Group, Inc. v. Brotby , 364 F.3d 1112, 1116 (9th Cir. 2004). Here, no warning has been given (and no need for one has been supported), and thus, dismissal is inappropriate at this time. Plaintiff's motion to strike the motion for sanctions 81 is denied as moot. Plaintiff's motion to compel 83 is denied. The information sought by Plaintiff in the interrogatories (contact information for former or current agency counsel) is not relevant to the claim at issue. Discovery closed on July 17, 2015. Dispositive motions remain due on or before July 31, 2015. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 07/21/2015) |
| 2015-07-30 | 85 | Motion to Compel Full Disclosure of First Interrogatories. Filed by Tad K. L. Engman. (Attachments: # 1 Exhibits A,B and C) (dsg) (Entered: 07/30/2015) |
| 2015-07-31 | 86 | Motion for Summary Judgment and Memorandum in Support . Filed by Veterans' Administration Portland Medical Center. (Danielson, Kevin) (Entered: 07/31/2015) |
| 2015-07-31 | 87 | Declaration of Joanne Krumberger in Support of Defendant's Motion for Summary Judgment . Filed by Veterans' Administration Portland Medical Center. (Related document(s): Motion for Summary Judgment 86 .) (Danielson, Kevin) (Entered: 07/31/2015) |
| 2015-07-31 | 88 | Motion for Extension of Discovery & PTO Deadlines. Filed by Tad K. L. Engman. (dsg) (Entered: 08/03/2015) |
| 2015-08-03 | 89 | Notice of Intent to File Motion to Compel. Filed by Tad K. L. Engman (Attachments: # 1 Exhibits A, B and C) (dsg) (Entered: 08/04/2015) |
| 2015-08-12 | 90 | ORDER: Plaintiff's Motion to Compel Full Disclosure of First Interrogatories 85 is DENIED. The Court has reviewed the motion and its exhibits which include Plaintiff's First Interrogatories, Defendant's Response to the First Interrogatories, and Plaintiff's July 15, 2015 Letter to Defendant's counsel in which Plaintiff challenges the alleged inadequacy of Defendant's Response to the First Interrogatories. Plaintiff's July 15, 2015 Letter, which he relies on in support of this motion, offers only argument and conjecture as to why he believes Defendant's responses are inadequate. As such, the Letter provides no basis for a motion compelling Defendant to provide a "full" disclosure. Plaintiff's Motion to Extend Time for Completion of Discovery and for Dispositive Motions 88 is GRANTED IN PART & DENIED IN PART as follows: the motion is DENIED as to an extension of discovery. The motion was filed almost two weeks after the July 17, 2015 discovery closing date. Plaintiff provides no basis for why he was unable to serve or complete discovery before the deadline. Given that the motion to extend was filed on the date dispositive motions were due, the Court GRANTS the motion to extend the dispositive motion deadline for Plaintiff only (Defendant already timely filed a dispositive motion), to August 31, 2015. This is an extension for Plaintiff's motion only. No further extensions will be granted. Plaintiff's response to Defendant's pending summary judgment motion remains due August 24, 2015 (pursuant to Local Rule 7-1(f)(1) (providing that a response to a Rule 56 motion is due 21 days after service of the motion) and FRCP 6(d) (allowing three additional days for service), or August 24, 2015). Defendant's reply is due according to Local Rule 7-1(f)(2) and FRCP 6(d). Ordered by Judge Marco A. Hernandez. Copy of this order mailed to Plaintiff. (mr) (Entered: 08/12/2015) |
| 2015-08-12 | 91 | Summary Judgment Advice Notice regarding Motion for Summary Judgment 86 . Response is due by 8/24/2015. Ordered by Judge Marco A. Hernandez. (mr) (Entered: 08/12/2015) |
| 2015-08-12 | 92 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Summary Judgment Advice Notice 91 . (mr) (Entered: 08/12/2015) |
| 2015-08-18 | 93 | Motion for Appointment of Counsel. Filed by Tad K. L. Engman. (dsg) (Entered: 08/19/2015) |
| 2015-08-21 | 94 | ORDER: Plaintiff's Motion for Appointment of Counsel 93 is DENIED. Throughout this litigation, Plaintiff has demonstrated his ability to sufficiently articulate his claim. The facts and legal issues are not overly complex. As a result, there are no exceptional circumstances supporting the appointment of counsel under 28 U.S.C. Sec. 1915(e). See Wood v. Housewright , 900 F.2d 1332, 1335-36 (9th Cir. 1990) (counsel should be appointed only in exceptional circumstances based on such factors as the likelihood of success on the merits and the ability of the plaintiff to articulate his claims in light of their complexity). Ordered by Judge Marco A. Hernandez. Copy of this order mailed to Plaintiff Engman. (mr) (Entered: 08/21/2015) |
| 2015-08-24 | 95 | Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment and Memorandum in Support 86 . Filed by Tad K. L. Engman. (Attachments: # 1 Exhibits A-C) (dsg) (Entered: 08/25/2015) |
| 2015-08-26 | 96 | ORDER: Granting Plaintiff's Motion for Extension of Time to File Response to Motion for Summary Judgment 86 . Response is due by 9/23/2015. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to Plaintiff. (mr) (Entered: 08/26/2015) |
| 2015-09-23 | 97 | Motion for Extension of Discovery & PTO Deadlines and to File a Response to Motion for Summary Judgment and Memorandum in Support 86 . Filed by Tad K. L. Engman. (ecp) (Entered: 09/24/2015) |
| 2015-09-25 | 98 | ORDER: Denying Motion for Extension of Discovery & PTO Deadlines 97 ; and Granting in Part Motion for Extension of Time to File Response 97 to Motion for Summary Judgment 86 AS FOLLOWS: Plaintiff's Response is due by 10/23/2015. No further extensions of this deadline will be considered by the Court. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to Plaintiff. (mr) (Entered: 09/25/2015) |
| 2015-10-15 | 99 | Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment and Memorandum in Support 86 . Filed by Tad K. L. Engman. (dsg) (Entered: 10/15/2015) |
| 2015-10-19 | 100 | ORDER: Granting in Part Plaintiff's Motion for Extension of Time to File Response 99 . Plaintiff's Response is due by 11/13/2015. No further requests for extension will be granted unless accompanied by evidence from a medical professional that health-related reasons prevent Plaintiff from timely submitting a response by November 13. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to Plaintiff. (mr) (Entered: 10/19/2015) |
| 2015-11-12 | 101 | Motion for Extension of Time to File a Respond to Motion for Summary Judgment and Memorandum in Support 86 to 12/21/15 With Statements From Medical Professionals. Filed by Tad K. L. Engman. (Attachments: # 1 Exhibit A to motion) (cib) (Entered: 11/12/2015) |
| 2015-11-16 | 102 | ORDER: Granting Plaintiff's Motion for Extension of Time to File Response 101 to motion for summary judgment 86 . Response is due by 12/31/2015. Ordered by Judge Marco A. Hernandez. Copy of this order mailed to plaintiff. (mr) (Entered: 11/16/2015) |
| 2015-12-31 | 103 | Motion for Stay. Titled, "Motion to Defer." Filed by Tad K. L. Engman. (Attachments: # 1 Exhibits) (dsg) (Entered: 01/04/2016) |
| 2016-01-13 | 104 | OPINION & ORDER: Defendant's motion for summary judgment 86 is granted. See 7-page opinion & order attached. Signed on 1/13/2016 by Judge Marco A. Hernandez. (mr) (Entered: 01/14/2016) |
| 2016-01-13 | 105 | JUDGMENT: IT IS ORDERED AND ADJUDGED that this action is dismissed, with prejudice. Signed on 1/13/2016 by Judge Marco A. Hernandez. (mr) (Entered: 01/14/2016) |
| 2016-01-14 | 106 | Clerk's Notice of Mailing to Plaintiff Tad K. L. Engman regarding Opinion & Order 104 , and Judgment 105 . (mr) (Entered: 01/14/2016) |
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