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Bruce Koklich v. California Department of Corrections

November 10, 2011

BRUCE KOKLICH,
PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER REQUIRING DEFENDANTS TO PROVIDE ADDITIONAL BRIEFING RELATED PLAINTIFF'S MOTION TO REMAND ACTION

I. Background

Plaintiff Bruce Koklich ("Plaintiff") filed this civil rights action in Fresno County Superior Court on August 25, 2010. The Complaint alleges causes of action under both 42 U.S.C. § 1983 and state law. Plaintiff names over 30 Defendants.

State Court Proceedings*fn1

On November 2, 2010, Defendant J. Chudy, M.D., was the first defendant served with the Complaint. Defendant James Yates was served on November 16, 2010.

On January 24, 2011, Defendants Chudy and Yates filed a Demurrer. On February 25, 2011, the Demurrer was withdrawn and Defendants filed an Answer. On March 22, 2011,

Defendants filed a Motion for Judgment on the Pleadings.

Defendant Kalisher was served on March 28, 2011.

Defendant Chudy*fn2 filed a Demurrer on April 8, 2011. The parties were also involved in discovery disputes in April 2011.

On May 4, 2011, the Honorable Donald Black issued a tentative ruling (1) granting the Motion for Judgment on the Pleadings as to the entire Complaint, with leave to amend, against Defendant Chudy; and (2) denying the Motion as to the Seventh and Eighth Causes of Action against Defendant Yates. This tentative ruling was adopted by the Court on June 17, 2011. There is no indication on the docket that Plaintiff filed an Amended Complaint against Defendant Chudy.

Defendant Felix Igbinosa, M.D., was served on July 14, 2011.

Defendant Yates and Kalisher filed an Answer on July 15, 2011.

On July 18, 2011, Defendant California Department of Corrections and ...


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