DeEtta Williams v. California Department of Corrections and Rehabilitation et al
| California Central District Court | |
| Judge: | Otis D Wright, II |
| Referred: | David T Bristow |
| Case #: | 5:16-cv-01589 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 20, 2016 |
| Terminated: | Jun 27, 2018 |
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| Docket last updated: 09/15/2024 11:59 PM PDT |
| Wednesday, June 27, 2018 | ||
| 37 | 37
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pgs
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Civil Case
Wed 06/27 12:29 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 7, 2017, the Court entered minutes of a settlement conference held in front ofJudge Bianchini. (ECF No. 30.) Thereafter, the parties stipulated to dismiss defendant Kimberly Hughes. (ECF Nos. 3334.) At that juncture, the only remaining defendant was Michael Elwell. On November 16, 2017, Judge Bianchinis clerk entered amended minutes of a settlement conference, indicating that, The case has been completely settled. (ECF No. 35.) The Court could not decipher whether the entire case had been settled in light of what appears to be aninterlineation on the Amended Minutes. (See id.) On April 16, 2018, the Court ordered Plaintiff to show cause as to whether she intended to continue prosecuting the action, in the event it was not completely settled. (ECF No. 36.) Now, three months later, Plaintiff still has not responded to the Courts Order. Accordingly, the Court DISMISSES this action, and the Clerk shall close this case. (Made JS-6. Case Terminated.) (lc) |
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| Monday, April 16, 2018 | ||
| 36 | 36
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines/Hearings
Mon 04/16 12:29 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On April 7, 2017, the Court entered minutes of a settlement conference held in front of Judge Bianchini. (ECF No. 30.) Thereafter, the parties stipulated to dismiss defendant Kimberly Hughes. (ECF Nos. 3334.) At that juncture, the only remaining defendant was Michael Elwell. On November 16, 2017, Judge Bianchinis clerk entered amended minutes of a settlement conference, indicating that, The case has been completely settled. (ECF No. 35.) The Court cannot decipher whether the entire case has been settled in light of what appears to be an interlineation on the Amended Minutes. (See id.) Accordingly, the Court ORDERS Plaintiff TO SHOW CAUSE, in writing, why this case should not be dismissed. Plaintiff must respond to this Order before May 4, 2018, to the extent Plaintiff wishes to continue prosecuting this action, in the event it was not completely settled. Failure to respond will result in dismissal of this action. (lc) |
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| Thursday, November 16, 2017 | ||
| 35 | 35
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minutes
Settlement Conference
Thu 11/16 6:32 PM
AMENDED MINUTES OF Settlement Conference held before Magistrate Judge Victor E Bianchini: Court Reporter: N/A. (rmo) |
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| Monday, June 12, 2017 | ||
| 34 | 34
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order
Order
Mon 06/12 3:02 PM
ORDER Pursuant to the stipulation Defendant Hughes is DISMISSED WITH PREJUDICE from this action33 by Judge Otis D. Wright, II (lc) |
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notice
Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1))
Mon 06/12 11:58 AM
NOTICE OF DISMISSAL filed by defendant Kimberly Hughes pursuant to FRCP 41a(1) (A)(ii) and Stipulation as to Kimberly Hughes.(Hemple, Danielle) |
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Att: 1
Proposed Order
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| Thursday, June 01, 2017 | ||
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pgs
attorney
Change of Address
Thu 06/01 12:25 PM
NOTICE of Change of address by Danielle Renee Pena attorney for Plaintiff DeEtta Williams. Changing attorneys address to 501 West Broadway, Suite 1480, San Diego, CA 92101. Filed by Plaintiff DeEtta Williams. (Attorney Danielle Renee Pena added to party DeEtta Williams(pty:pla))(Pena, Danielle) |
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| Tuesday, May 30, 2017 | ||
| 31 | 31
attorney
Change of Address
Tue 05/30 3:42 PM
NOTICE of Change of address by Christopher S Morris attorney for Plaintiff DeEtta Williams. Changing attorneys address to 501 West Broadway, Suite 1480, San Diego, CA 92101. Filed by Plaintiff DeEtta Williams. (Morris, Christopher) |
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| Friday, April 07, 2017 | ||
| 30 | 30
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pgs
minutes
Settlement Conference
Wed 05/03 1:46 AM
MINUTES OF Settlement Conference held before Magistrate Judge Victor E Bianchini: Court Reporter: N/A. (dbun) |
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| Thursday, February 09, 2017 | ||
| 29 | 29
adr
Order Referring Case to Prisoner Settlement Program (ADR-5)
Thu 02/09 11:55 AM
ORDER REFERRING CASE to Prisoner Settlement Program by Judge Otis D. Wright, II. It is hereby Ordered that the instant case is referred to Magistrate Judge Victor E. Bianchini for settlement proceedings pursuant to the Prisoner Settlement Program. The proceedings shall take place within 90 days of the date of this Order. Magistrate Judge Victor E. Bianchini shall coordinate a time and date for a settlement proceeding with the plaintiff, the Office of the California Attorney General and the California Department of Corrections and Rehabilitation and or their representatives, and within 10 days after the conclusion of the settlement proceedings, file with the Court a proceeding report. See document for further details. (lom) |
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| Thursday, November 17, 2016 | ||
| 28 | 28
adr
Order Referring Case to Prisoner Settlement Program (ADR-5)
Thu 11/17 8:55 AM
ORDER REFERRING CASE to Prisoner Settlement Program by Judge Otis D. Wright, II. It is hereby Ordered that the instant case is referred to Magistrate Judge Victor E. Bianchini for settlement proceedings pursuant to the Prisoner Settlement Program. The proceedings shall take place within 90 days of the date of this Order. Magistrate Judge Victor E. Bianchini shall coordinate a time and date for a settlement proceeding with the plaintiff, the Office of the California Attorney General and the California Department of Corrections and Rehabilitation and or their representatives, and within 10 days after the conclusion of the settlement proceedings, file with the Court a proceeding report. See document for further details. (lc) |
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| 27 | 27
order
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Deadlines and Hearings
Thu 11/17 8:52 AM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:COUNSEL AND PARTY ARE NOTIFIED, the Scheduling Conference is set for 12/12/16 1:30 PM24 is MOOT. The date was set in error. (lc) |
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| Monday, October 31, 2016 | ||
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textonly
Generic Text Only Entry
Mon 10/31 1:33 PM
NOTICE TO PARTIES by District Judge Otis D. Wright. Effective November 7, 2016, Judge Wright will be located at the 1st Street Courthouse, COURTROOM 5D on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5D of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) |
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| Thursday, October 27, 2016 | ||
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stip
Order
Thu 10/27 10:58 AM
STIPULATION for Order STIPULATION RE WAIVER OF SERVICE OF SUMMONS AND TIME TO RESPOND TO FIRST AMENDED COMPLAINT 1) Defendants counsel shall sign and return to Plaintiffs counsel a notice of Defendants waiver of service of the summons and First Amended Complaint (FAC) in this action; and 2) Pursuant to Federal Rules of Civil Procedure 4(d)(3) and 6(a)(1)(C), Defendant shall respond to the FAC in this actionin the form of an answer or a motion to dismiss under Federal Rule of Civil Procedure 12on or before December 26, 2016, rather than the current response deadline of October 28, 2016, set by the Courts September 29, 2016 Order. filed by DEFENDANT Kimberly Hughes.(Hemple, Danielle) |
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Att: 1
Proposed Order Stipulation_[PROPOSED] Order
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| Friday, September 30, 2016 | ||
| 24 | 24
order
Order ~Util - Set/Reset Hearings
Fri 09/30 10:02 AM
ORDER that the Scheduling Conference is set for 12/12/16 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) |
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| Thursday, September 29, 2016 | ||
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order
Extending Answer Due Deadline
Thu 09/29 10:25 AM
ORDER granting Stipulation19 that defendant Kimberly Hughes the time to respond to the First Amended Complaint,through an answer or a motion to dismiss under Federal Rule of Civil Procedure 12, is extended up to and including October 28, 2016 by Judge Otis D. Wright, II. (lc) |
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| Wednesday, September 28, 2016 | ||
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stip
Extension of Time to File Document
Wed 09/28 4:33 PM
STIPULATION for Extension of Time to File Response to the First Amended Complaint filed by Defendant Kimberly Hughes.(Hemple, Danielle) |
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Att: 1
Proposed Order
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notice
Certificate/Notice of Interested Parties
Wed 09/28 4:28 PM
NOTICE of Interested Parties filed by Defendant Kimberly Hughes, (Attorney Danielle Rachel Hemple added to party Kimberly Hughes(pty:dft))(Hemple, Danielle) |
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| Tuesday, September 27, 2016 | ||
| 23 | 23
answer
Answer to Complaint (Attorney Civil Case Opening)
Thu 09/29 11:07 AM
RESPONSE8 filed by defendant Michael Elwell.(lc) |
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| 21 | 21
service
Proof of Service (subsequent documents)
Thu 09/29 9:39 AM
PROOF OF SERVICE "OF THIS RESPONSE" served on 9/27/16 filed by defendant Michael Elwell. (lc) |
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| 20 | 20
notice
Certificate/Notice of Interested Parties
Thu 09/29 9:36 AM
CERTIFICATE of Interested Parties filed by defendant Michael Elwell, (lc) |
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| Thursday, September 22, 2016 | ||
| 17 | 17
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 09/22 3:18 PM
PROOF OF SERVICE Executed by Plaintiff DeEtta Williams, upon Defendant Kimberly Hughes served on 9/7/2016, answer due 9/28/2016. Service of the Summons and Complaint were executed upon Defendant Kimberly Hughes in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Morris, Christopher) |
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| 16 | 16
service
Service of Summons and Complaint Returned Executed (21 days)
Thu 09/22 3:16 PM
PROOF OF SERVICE Executed by Plaintiff DeEtta Williams, upon Defendant Michael Elwell served on 9/7/2016, answer due 9/28/2016. Service of the Summons and Complaint were executed upon Defendant Michael Ewell in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Morris, Christopher) |
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| Tuesday, August 23, 2016 | ||
| 15 | 15
notice
Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1))
Tue 08/23 5:05 PM
NOTICE OF DISMISSAL filed by Plaintiff DeEtta Williams pursuant to FRCP 41a(1) as to California Department of Corrections and Rehabilitation, Scott Kernan. (Morris, Christopher) |
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| Tuesday, August 16, 2016 | ||
| 14 | 14
service
Summons Issued
Tue 08/16 11:23 AM
21 DAY Summons Issued re First Amended Complaint/Petition8 as to defendants Michael Elwell, Kimberly Hughes. (lc) |
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| 13 | 13
notice
Summons Request
Tue 08/16 11:07 AM
Request for Clerk to Issue Summons on Amended Complaint/Petition8 filed by Plaintiff DeEtta Williams. (Morris, Christopher) |
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| 12 | 12
notice
Deficiency in Summons
Tue 08/16 10:57 AM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request11 . The following error(s) was found: As advised in the first deficiency notice, Please indicate on the summons form, near the title of the summons " ON THE FIRST AMENDED COMPLAINT". The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
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| 11 | 11
notice
Summons Request
Tue 08/16 9:01 AM
Request for Clerk to Issue Summons on Amended Complaint/Petition8 filed by Plaintiff DeEtta Williams. (Morris, Christopher) |
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| 10 | 10
notice
Deficiency in Summons
Tue 08/16 8:50 AM
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request9 . The following error(s) was found: Title is incorrect as "Amended" summons. Summons is not being corrected. Please correct title as Summons "On the First Amended Complaint" to correspond to the First Amended Complaint to which the summons is to be issued. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
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| Monday, August 15, 2016 | ||
| 9 | 9
notice
Summons Request
Mon 08/15 6:42 PM
Request for Clerk to Issue Summons on Amended Complaint/Petition8 filed by Plaintiff DeEtta Williams. (Morris, Christopher) |
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| 8 | 8
othcmp
Amended Complaint/Petition
Mon 08/15 6:40 PM
First AMENDED COMPLAINT against Defendants Michael Elwell, Kimberly Hughes amending Complaint (Attorney Civil Case Opening),1 , filed by Plaintiff DeEtta Williams(Morris, Christopher) |
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| Friday, July 22, 2016 | ||
| 6 | 6
notice
Clerical Error (G-11)
Fri 07/22 9:07 AM
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Assignment to United States Judges(CV-18) - optional html form2 . District Judge Stephen V. Wilson should have been District Judge Otis Wright, II. See attached corrected assignment. (et) |
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Att: 1
Cv18 Notice of Assignment
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| Thursday, July 21, 2016 | ||
| 7 | 7
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pgs
order
Minutes of In Chambers Order/Directive - no proceeding held
Fri 07/22 11:10 AM
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. (SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 07/22/2016) |
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| 5 | 5
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pgs
notice
Deficiency in Attorney Case Opening
Thu 07/21 4:58 PM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: Attachment # 1 Civil Cover Sheet, Attachment # 2 Summons and Attachment #3 Notice of Interested Parties should not have been attached to Docket Entry No.1 Each document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (et) |
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| 4 | 4
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pgs
service
Summons Issued (Attorney Civil Case Opening)
Thu 07/21 4:48 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants California Department of Corrections and Rehabilitation, Michael Elwell, Scott Kernan. (et) |
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| 3 | 3
2
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Thu 07/21 4:40 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
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| 2 | 2
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notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Thu 07/21 4:40 PM
NOTICE OF ASSIGNMENT to District Judge Stephen V. Wilson and Magistrate Judge David T. Bristow. (et) |
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| Wednesday, July 20, 2016 | ||
| 1 | 1
25
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cmp
Complaint (Attorney Civil Case Opening)
Wed 07/20 4:05 PM
COMPLAINT Receipt No: 0973-18219056 - Fee: $400, filed by Plaintiff DeEtta Williams. (Attorney Christopher S Morris added to party DeEtta Williams(pty:pla))(Morris, Christopher) |
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Att: 1
3 pgs
Civil Cover Sheet,
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Att: 2
2 pgs
Summons,
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Att: 3
Notice of Interested Parties
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