Tenore v. Horowitz et al
| Michael Tenore |
| Evalyn Horowitz, Jalal Soltanian-Zadeh, J Lewis, Inderpal Bal and Christopher Smith |
| 2:2017cv01802 |
| August 28, 2017 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Amador |
| Kendall J. Newman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
88
ORDER signed by Magistrate Judge Kendall J. Newman on 4/14/2022 approving the stipulation by the parties and DISMISSING this action without prejudice pursuant to FRCP 41(a)(1)(A)(ii). Each party shall bear its own litigation costs and attorney's fees. CASE CLOSED. (Yin, K)
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Filing
84
ORDER signed by Magistrate Judge Kendall J. Newman on 04/12/22 ORDERING that that within 7 days, the parties shall file dispositional documents or SHOW CAUSE for their failure to do so. (Benson, A.)
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Filing
81
ORDER AND WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 1/10/2022 ORDERING the custodian to produce Michael Tenore T-62986, by Zoom video conference from his place of confinement, before Magistrate Judge Kendall J. Newman, on 3/2/2022 at 9:00 a.m.; custodian is ordered to notify the court of any change in custody of this inmate and is ordered to provide the new custodian with a copy of this writ; and any difficulties connecting to the Zoom video conference shall immediately be reported to Courtroom Deputy Alexandra Waldrop. (cc: I.T. Dept., ADR)(Yin, K)
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Filing
78
ORDER signed by Magistrate Judge Kendall J. Newman on 11/12/2021 SETTING a Settlement Conference with Interim Stay. A settlement conference is set before Magistrate Judge Kendall J. Newman on on 3/1/2022 at 09:00 AM, via Zoom. All existing deadlines for expert disclosures, expert discovery and the completion of motions are VACATED, and will be reset by the Court after the settlement conference, if necessary. (Yin, K)
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Filing
74
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/19/21 APPOINTING Attorney Shahid Manzoor for Plaintiff Michael Tenore. This appointment is for the limited purpose of assisting plaintiff with discovery. The Clerk of the Court is directed to serve a copy of this order upon Shahid Manzoor. (Kaminski, H
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Filing
73
ORDER signed by Chief District Judge Kimberly J. Mueller on 4/7/2021 ADOPTING in part the findings and recommendations; GRANTING summary judgment as to the claims against Dr. Smith; GRANTING summary judgment as to the claims that Dr. Horowitz� 39;s post-operative care was deliberately indifferent to Mr. Tenore's serious medical needs; DENYING summary judgment as to the claims that Dr. Horowitz was deliberately indifferent to Mr. Tenore's serious medical needs in delaying his care; REFERRING this matter to the administrator Sujean Park Castelhano, for the identification of limited purpose counsel; DENYING the summary judgment denied without prejudice to renewal after plaintiff's appointed counsel has an opport unity to conduct the discovery; REFERRING this matter back to the magistrate judge for the setting of a schedule for reopened discovery once limited purpose counsel is appointed, consideration of whether referral to a settlement conference is appropriate at this time, and for all other pretrial purposes. (cc PRO BONO PANEL) (Becknal, R)
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Filing
68
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 06/03/2020 GRANTING 67 Defendants' request to strike plaintiff's surreply. It is hereby RECOMMENDED the 60 Motion for Summary Judgment be denied as to plaintiff's claims that defendant Horowitz violated his Eighth Amendment rights when issuing chornos on a routine basis; Denying plaintiff's request for in-cell feeding status and request for additional pillows to elevate his head. Defendants' summary judgment motion should be granted in all other respects. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these Findings and Recommendations. (Tupolo, A)
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Filing
63
ORDER signed by Magistrate Judge Kendall J. Newman on 11/4/2019 GRANTING Plaintiff 30 days from the date of this order in which to file an opposition to 60 Motion for Summary Judgment. (Henshaw, R)
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Filing
58
ORDER signed by Magistrate Judge Kendall J. Newman on 09/20/19 ORDERING that within 30 days from the date of this order, the parties shall file the attached notice, informing the court whether a settlement conference is appropriate, whether they waive disqualification for the undersigned to hold the settlement conference, or whether they choose to have the settlement conference held by a different judge. (Plummer, M)
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Filing
57
ORDER signed by District Judge Kimberly J. Mueller on 9/6/2019 ADOPTING 56 Findings and Recommendations. GRANTING IN PART AND DENYING IN PART 38 Motion for Summary Judgment. DISMISSING without prejudice 46 Cross Motion for Summary Judgment, and this action is REFERRED back to the assigned magistrate judge for all further pretrial proceedings. (Reader, L)
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Filing
56
ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/08/19 ORDERING plaintiff's final statement 50 is construed as his reply to defendants' opposition and is deemed timely-filed; DENYING 53 motion to strike; DISREGARDING 54 plaintiff's statement as untimely filed; and DENYING 55 defendants' motion. Also, RECOMMENDING that defendants' motion for summary judgment 38 be granted in part and denied in part, as follows: a. Defen dants motion be denied as to plaintiffs claims that Dr. Smith and Dr. Horowitz failed to timely diagnose plaintiffs cancer and improperly delayed plaintiffs surgery, and b. Defendants motion be granted as to Dr. Soltanian-Zadeh based on plaintiffs fa ilure to exhaust administrative remedies, and such claim be dismissed without prejudice. Plaintiffs cross-motion for summary judgment on the merits 46 be dismissed without prejudice; and this action be remanded to the undersigned for further proceedings. Motions 38 and 46 referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
48
ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/2019 DENYING plaintiff's 47 motion to compel, as untimely. (Yin, K)
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Filing
45
ORDER signed by Magistrate Judge Kendall J. Newman on 12/19/2018 ORDERING, within 30 days, plaintiff shall file an opposition, if any, or a statement of non-opposition, to the 38 motion for summary judgment. (Yin, K)
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Filing
44
ORDER signed by Magistrate Judge Kendall J. Newman on 12/18/18 DENYING 39 plaintiff's motion. (Plummer, M)
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Filing
37
ORDER signed by Magistrate Judge Kendall J. Newman on 10/30/2018 GRANTING 35 Motion for Extension of Time. Defendants have until and including 12/1/2018 to serve their responses. The close of discovery in the case, and the deadline to file any motion to compel, is continued from 11/9/2018 to 12/9/2018. (Huang, H)
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Filing
29
ORDER signed by Magistrate Judge Kendall J. Newman on 5/7/2018 ORDERING 27 Motion for Summary Judgment is STRICKEN from the court record. (Henshaw, R)
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Filing
26
ORDER and WRIT of HABEAS CORPUS AD TESTIFICANDUM ISSUED signed by Magistrate Judge Kendall J. Newman on 3/29/2018 ORDERING the Custodian to produce Michael Tenore via video-conferencing at Mule Creek State Prison at 9:00 a.m. on 7/17/2018 before the Honorable Kendall J. Newman. Custodian is ordered to notify the Court of any changes in custody and to provide new custodian with a copy of this writ. Clerk shall serve a copy of this order and writ on the Custodian. (cc: IT Dept) (Henshaw, R)
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Filing
18
ORDER REFERRING CASE TO POST-SCREENING ADR PROJECT AND STAYING CASE FOR 120 DAYS signed by Magistrate Judge Kendall J. Newman on 3/6/2018. The parties shall file the attached notice re settlement conference within 30 days of this order. The assigned DAG shall contact Courtroom Deputy within 30 days to schedule a settlement conference. Each party shall submit a confidential settlement conference statement at least 7 days prior to the conference. If settlement is reached, the parties shall file a Notice of Settlement. The Clerk shall serve copies of (a) plaintiff's amended complaint, (b) the screening order, and (c) the instant order, on Supervising DAG Christopher Becker. (cc: Christopher Becker) (Yin, K)
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Filing
5
ORDER signed by Magistrate Judge Kendall J. Newman on 9/5/2017 DIRECTING MONTHLY PAYMENTS be made from Prison Account of Michael Tenore. The Director of the CDCR shall collect monthly payments in accordance with this order until the filing fee of $350 is paid in full. (cc: CDCR and Financial Department) (Henshaw, R)
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