Zotika v. Ryan

Federal Civil Lawsuit Arizona District Court, Case No. 3:16-cv-08297
District Judge Stephen M. McNamee, presiding
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District Judge Stephen M. McNamee
Last Updated July 28, 2025 at 3:26 AM EDT (6.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [057BBD3], Plaintiff
v.
No Logo Charles L Ryan, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher +1 602 532 5600 +1 602 230 5053 garrick.gallagher@sandersparks.com
No Logo Frank Shaw, Defendant
No Logo Hector Santiago, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher +1 602 532 5600 +1 602 230 5053 garrick.gallagher@sandersparks.com
No Logo James Winkler, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher +1 602 532 5600 +1 602 230 5053 garrick.gallagher@sandersparks.com
No Logo Jerry Sternes, Defendant
No Logo Odie Washington, Defendant
No Logo Pamela Rider, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher +1 602 532 5600 +1 602 230 5053 garrick.gallagher@sandersparks.com
No Logo R Scott Marquardt, Defendant
No Logo Shahna Fredrick, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Garrick L Gallagher +1 602 532 5600 +1 602 230 5053 garrick.gallagher@sandersparks.com
No Logo Tara R Diaz, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Anne Marie Orcutt

Represented by Sanders & Parks PC

Name Phone Fax E-Mail
Space Victoria Marie Dunne Victoria.Dunne@SandersParks.com
Space Garrick L Gallagher +1 602 532 5600 +1 602 230 5053 garrick.gallagher@sandersparks.com
Attributes
Citation Section 42 U.S.C. § 1983
Nature of Suit Prisoner: Prison Condition
Jurisdiction Federal Question
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 120 Filed: 6/30/2020, Entered: 6/30/2020
MANDATE of USCA (18-17424) Affirmed re: 114 Notice of Appeal filed by 057BBD3. (Attachments: # 1 memorandum)(GMP)
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Legal Document (Payment Possibly Required) 118 Filed: 7/26/2019, Entered: 7/29/2019
PLRA Partial Filing fee: $106.68, receipt number PHX210508 - - - PAID IN FULL. (REK)
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Legal Document (Payment Possibly Required) 116 Filed: 1/23/2019, Entered: 1/23/2019
ORDER of USCA - Appellant granted leave to proceed in form pauperis in this appeal; prison officials to assess, collect and forward fees to the District Court pursuant to 28:1915(b)(1) and (2) re: 18-17424 as to 114 Notice of Appeal filed by 057BBD3 (Copies sent by Ninth Circuit). (Attachments: # 1 Authorization)(DXD)
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Legal Document (Payment Possibly Required) 117 Filed: 1/7/2019, Entered: 1/25/2019
APPEAL DOCUMENT - Motion to Appeal In Forma Pauperis by 057BBD3 re: 114 Notice of Appeal. (Accepted for filing by the Ninth Circuit on 1/8/19) (LAD) (Additional attachment(s) added on 1/25/2019: # 1 Prisoner Trust Fund Account Statement) (LAD).
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Legal Document (Payment Possibly Required) 115 Filed: 12/26/2018, Entered: 12/26/2018
USCA Case Number re: 114 Notice of Appeal. Case number 18-17424, Ninth Circuit. (Copies sent by Ninth Circuit) (DXD)
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Legal Document (Payment Possibly Required) 114 Filed: 12/18/2018, Entered: 12/20/2018
NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 110 Order on Motion for Extension of Time to File Document, 105 Clerks Judgment, 104 Order on Motion for Summary Judgment by 057BBD3. (In forma pauperis granted by 7 Order) (LAD) (2 pages)
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Legal Document (Payment Possibly Required) 113 Filed: 12/6/2018, Entered: 12/6/2018 Court Filing
ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's "Motion for Extension of Time to File a Rule 59(e) Motion" (Doc. 112 ), and the Motion is denied. Signed by Senior Judge Stephen M McNamee on 12/6/18. (EJA)
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Legal Document (Payment Possibly Required) 110 Filed: 12/4/2018, Entered: 12/4/2018 Court Filing
ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's "Motion for Extension of Time to File Appeal" (Doc. 106 ) and "Motion for Extension of Time" (Doc. 108 ) to file a Rule 59(e) motion. Plaintiff's "Motion for Extension of Time to File Appeal" (Doc. 106 ) is granted, and Plaintiff must file his notice of appeal within 14 days of the date of this Order. Plaintiff's "Motion for Extension of Time" (Doc. 108 ) to file a Rule 59(e) motion is denied. Signed by Senior Judge Stephen M McNamee on 11/30/18. (EJA)
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Legal Document (Payment Possibly Required) 112 Filed: 12/3/2018, Entered: 12/4/2018
MOTION for Extension of Time to File a Rule 59(E) Motion by 057BBD3 (3 pages). (DXD)
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Legal Document (Payment Possibly Required) 111 Filed: 12/3/2018, Entered: 12/4/2018
REPLY to Response to Motion re: 108 MOTION for Extension of Time to File filed by 057BBD3. (6 pages) (EJA)
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Legal Document (Payment Possibly Required) 109 Filed: 11/16/2018, Entered: 11/16/2018
RESPONSE in Opposition re: 108 MOTION for Extension of Time to File a Rule 59(e) Motion to Alter/Amend the Judgment filed by Tara R Diaz, Shahna Fredrick, Pamela Rider, Charles L Ryan, James Winkler. (Gallagher, Garrick)
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Legal Document (Payment Possibly Required) 108 Filed: 11/7/2018, Entered: 11/8/2018
MOTION for Extension of Time (to File Motion to Alter or Amend the Judgment) by 057BBD3. (LAD) (3 pages)
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Legal Document (Payment Possibly Required) 107 Filed: 11/7/2018, Entered: 11/8/2018
NOTICE OF PARTY'S CHANGE OF ADDRESS by 057BBD3: #291811, ASPC-Alhambra, PO Box 52109, Phoenix, AZ 85072. (LAD) (1 page)
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Legal Document (Payment Possibly Required) 106 Filed: 9/26/2018, Entered: 9/27/2018
MOTION for Extension of Time to File Appeal by 057BBD3. (2 pages) (MSA)
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Legal Document (Payment Possibly Required) 105 Filed: 9/12/2018, Entered: 9/12/2018
CLERK'S JUDGMENT - Pursuant to the Court's Order filed September 12, 2018, which granted Defendants' Motion for Summary Judgment, judgment is entered in favor of defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed without prejudice for failure to exhaust the available administrative remedy. (REK)
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Legal Document (Payment Possibly Required) 104 Filed: 9/12/2018, Entered: 9/12/2018 Court Filing
ORDER: The reference to the Magistrate Judge is withdrawn as to Defendants' Motion for Summary Judgment 46 , and the motion is granted. The action is terminated without prejudice for failure to exhaust the available administrative remedy, and the Clerk of Court must enter judgment accordingly. Signed by Senior Judge Stephen M McNamee on 9/11/2018. (REK)
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Legal Document (Payment Possibly Required) 103 Filed: 7/6/2018, Entered: 7/6/2018 Court Filing
ORDER STRIKING 102 Response to Defendants Reply. Signed by Magistrate Judge Deborah M Fine on 7/6/18. (MSA)
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Legal Document (Payment Possibly Required) 102 Filed: 7/5/2018, Entered: 7/6/2018
***STRICKEN BY DOC. 103 *** RESPONSE to 97 Defendants Reply in Support of Motion for Summary Judgment by 057BBD3. (7 pages) (MSA) Modified on 7/6/2018 (MSA). *Modified on 7/12/2018 to remove sealed document restriction that was inadvertently set (ATD).
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Legal Document (Payment Possibly Required) 101 Filed: 7/5/2018, Entered: 7/5/2018 Court Filing
ORDER denying 98 and 99 Motions for Extensions of Time to File Responses to Defendants' reply. See Order for further details. Signed by Magistrate Judge Deborah M Fine on 7/5/18. (MSA)
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Blank 100 Filed: 6/25/2018, Entered: 6/25/2018 Court Filing
MINUTE ORDER: The referral judge assignment is directly reassigned to Magistrate Judge Deborah M Fine. All future filings shall reflect the following case number: CV-16-8297-PCT-SMM-DMF. All deadlines and hearings are AFFIRMED unless reset by separate order. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF)
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Legal Document (Payment Possibly Required) 99 Filed: 6/20/2018, Entered: 6/20/2018
MOTION for Extension of Time to File Response to Defendant's Supplemental Reply of Motion for Summary Judgment re: 97 Reply by 057BBD3. (2 pages) (EJA)
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Legal Document (Payment Possibly Required) 98 Filed: 5/23/2018, Entered: 5/23/2018
MOTION for Extension of Time to File Response to Defendant's Supplemental Reply of Motion for Summary Judgment re: 97 Reply by 057BBD3. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 97 Filed: 5/3/2018, Entered: 5/3/2018
REPLY re: 46 MOTION for Summary Judgment , 95 Statement of Facts Defendants' Supplemental Reply in Support of Motion for Summary Judgment by Defendants Tara R Diaz, Shahna Fredrick, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 95 Filed: 4/18/2018, Entered: 4/18/2018
STATEMENT OF FACTS re: 84 Response to Motion for Summary Judgment by Plaintiff 057BBD3. (18 pages) (REK)
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Legal Document (Payment Possibly Required) 96 Filed: 4/17/2018, Entered: 4/19/2018
Service Returned Unexecuted by 057BBD3 : Summons/Complaint/Order as to Shahna Fredrick. (Attachments: # 1 Infomation Sheet)(MAP)
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Legal Document (Payment Possibly Required) 94 Filed: 4/11/2018, Entered: 4/11/2018
Joinder re: 46 MOTION for Summary Judgment by Defendant Shahna Fredrick. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 93 Filed: 4/11/2018, Entered: 4/11/2018
ANSWER to 1 Complaint with Jury Demand by Shahna Fredrick.(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 92 Filed: 4/10/2018, Entered: 4/10/2018
SERVICE EXECUTED filed by Shahna Fredrick: Rule 4 Waiver of Service of Summons. Waiver sent on 4/5/18 to Shahna Fredrick . (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 91 Filed: 3/29/2018, Entered: 3/30/2018
Plaintiff's REPLY to Defendants Response to Plaintiff's Renewed 83 Motion to Appoint Counsel by Plaintiff 057BBD3. (4 pages) (REK)
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Legal Document (Payment Possibly Required) 90 Filed: 3/29/2018, Entered: 3/29/2018 Court Filing
ORDER: Defendants' Expedited Motion to Quash Plaintiff's Subpoena to DPS 61 and Second Motion to Quash Subpoena to COIII McNamer 82 are denied as moot and without prejudice to refiling if appropriate. Plaintiff's Motion for Copy of Docket History 68 is denied. Plaintiff's Motions for Extension of Time to File Response (Docs. 70 , 73 ) are granted. Plaintiff's response 84 will be filed as timely. Plaintiff's Motion to Compel Production and Renewed Request for Order of Protection 71 , is denied as moot and without prejudice to refiling if appropriate. Plaintiff's Motion and Request for Court to Order Defense Counsel to Effect Service on Defendant Shahana Fredrick 75 is granted. Defendants shall file a Notice with the Court no later than 14 days from the date of this order indicating whether service has been effected on Defendant Fredrick. Plaintiff's Renewed Appointment of Counsel 83 is denied. Plaintiff's Motion for Extension of Time to File a Separate Statement of Facts in Opposition for Summary Judgment 86 and his Renewed Motion for Extension of Time 89 are granted. Plaintiff's Separate Statement of Facts shall be filed no later than April 16, 2018. Defendants shall have an additional 15 days from the date Plaintiff's controverting statement of facts is filed on the Court's docket to prepare a supplemental reply. Signed by Magistrate Judge David K Duncan on 3/29/2018. (REK)
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Legal Document (Payment Possibly Required) 89 Filed: 3/28/2018, Entered: 3/28/2018
Plaintiff's Renewed MOTION for Extension of Time to File a Separate Statement of Facts in Opposition to Defendants Motion for Summary Judgment by 057BBD3. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 88 Filed: 3/21/2018, Entered: 3/21/2018
REPLY to Response to Motion re: 46 MOTION for Summary Judgment filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 87 Filed: 3/21/2018, Entered: 3/21/2018
RESPONSE in Opposition re: 86 MOTION for Extension of Time to File filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 86 Filed: 3/15/2018, Entered: 3/15/2018
MOTION for Extension of Time to File a Separate Statement of Facts in Opposition to Defendants' Motion for Summary Judgment by 057BBD3. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 85 Filed: 3/12/2018, Entered: 3/12/2018
RESPONSE in Opposition re: 83 MOTION to Appoint Counsel filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 84 Filed: 3/7/2018, Entered: 3/7/2018
RESPONSE in Opposition to Motion re: 46 MOTION for Summary Judgment filed by 057BBD3. (143 pages) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(KAS)
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Legal Document (Payment Possibly Required) 83 Filed: 3/1/2018, Entered: 3/1/2018
MOTION to Appoint Counsel by 057BBD3 (22 pages). (DXD)
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Legal Document (Payment Possibly Required) 82 Filed: 2/28/2018, Entered: 2/28/2018
*MOTION to Quash Plaintiff's subpoena duces tecum by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit A, # 3 Text of Proposed Order Proposed Order)(Orcutt, Anne) *Modified to add filer on 3/1/2018 (DXD).
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Legal Document (Payment Possibly Required) 81 Filed: 2/23/2018, Entered: 2/23/2018
REPLY to Response to Motion re: 61 MOTION to Quash Plaintiff's Subpoena to DPS Expedited filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne) *Modified linkage on 2/26/2018 (DXD).
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Legal Document (Payment Possibly Required) 80 Filed: 2/20/2018, Entered: 2/21/2018
RESPONSE in Opposition re: 61 MOTION to Quash Plaintiff's Subpoena to DPS Expedited filed by 057BBD3. (7 pages) (REK)
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Legal Document (Payment Possibly Required) 79 Filed: 2/20/2018, Entered: 2/20/2018
*RESPONSE to Motion re: 75 MOTION for Court to Order Defense Counsel to Effect Service on Defendant Shahana Fredrick filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago. (Orcutt, Anne) *Modified to add additional filer on 2/21/2018 (REK).
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Legal Document (Payment Possibly Required) 78 Filed: 2/20/2018, Entered: 2/20/2018
*RESPONSE to Motion re: 71 MOTION to Compel Production MOTION for Protective Order filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago. (Orcutt, Anne) *Modified to add additional filer on 2/21/2018 (REK).
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Legal Document (Payment Possibly Required) 77 Filed: 2/14/2018, Entered: 2/15/2018
NOTICE OF PARTY'S CHANGE OF ADDRESS by 057BBD3: #188032, ASPC Florence - South Unit, P.O Box 7000, Florence, AZ 85132. NOTE: Plaintiff indicated a P.O. Box number of 8000 on his notice, but pursuant to the Arizona Department of Corrections website, the correct mailing address for ASPC Florence - South Unit is P.O. Box 7000. (ATD) (2 pages)
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Legal Document (Payment Possibly Required) 76 Filed: 2/12/2018, Entered: 2/13/2018
NOTICE re: Service of Subpoena Upon CO II McNamer by 057BBD3 (2 pages). (DXD)
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Legal Document (Payment Possibly Required) 75 Filed: 2/9/2018, Entered: 2/9/2018
MOTION for Court to Order Defense Counsel to Effect Service on Defendant Shahana Fredrick by 057BBD3. (SLQ) (4 pages).
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Legal Document (Payment Possibly Required) 74 Filed: 2/9/2018, Entered: 2/9/2018
NOTICE re: of Service of Subpoena by 057BBD3. (SLQ) (1 page).
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Legal Document (Payment Possibly Required) 73 Filed: 2/8/2018, Entered: 2/8/2018
MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Quash Plaintiff's Subpoena to DPS Expedited, 46 MOTION for Summary Judgment by 057BBD3. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 72 Filed: 2/8/2018, Entered: 2/8/2018
DECLARATION re: 71 MOTION to Compel Production MOTION for Protective Order by Plaintiff 057BBD3. (45 pages) (REK)
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Legal Document (Payment Possibly Required) 71 Filed: 2/8/2018, Entered: 2/8/2018
Plaintiff's Notice, MOTION to Compel Production, Renewed MOTION/ Request for Order of Protection by 057BBD3. (5 pages) (REK)
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Legal Document (Payment Possibly Required) 70 Filed: 2/1/2018, Entered: 2/1/2018
MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Quash Plaintiff's Subpoena to DPS Expedited by 057BBD3. (4 pages) (REK)
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Legal Document (Payment Possibly Required) 69 Filed: 1/26/2018, Entered: 1/29/2018
Service Returned Unexecuted by 057BBD3 : Summons/Complaint/Order as to Shahna Fredrick. (Attachments: # 1 Information Sheet)(MAP)
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Legal Document (Payment Possibly Required) 68 Filed: 1/19/2018, Entered: 1/19/2018
MOTION/ Request for Copy of Docket History by 057BBD3. (3 pages) (REK)
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Legal Document (Payment Possibly Required) 67 Filed: 1/17/2018, Entered: 1/17/2018 Court Filing
ORDER: Plaintiff's Motion for Extension of Time to File Response to Defendants' Motion for Summary Judgment and Quash Subpoena 64 is granted. Plaintiff's Response to Defendants' Motion for Summary Judgment shall be filed no later than February 10, 2018. Plaintiff's response to Defendants' Motion to Quash Plaintiff's Subpoena to DPS is due no later than February 10, 2018. Defendants may file a reply within 7 days after service of Plaintiff's response. Signed by Magistrate Judge David K Duncan on 1/17/2018. (REK)
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Legal Document (Payment Possibly Required) 66 Filed: 1/15/2018, Entered: 1/15/2018
***Docketed in Incorrect Case - Correctly docketed in CV-16-08272-PCT-DGC(ESW) as document number 108*** MOTION to Quash Subpoena by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Attachments: # 1 Exhibit 1 - Declaration of Counsel, # 2 Exhibit A, # 3 Text of Proposed Order Order)(Orcutt, Anne) Modified on 1/16/2018 (REK).
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Legal Document (Payment Possibly Required) 65 Filed: 1/8/2018, Entered: 1/9/2018
DECLARATION in Support of: 64 MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Quash Plaintiff's Subpoena to DPS Expedited, 46 MOTION for Summary Judgment by Plaintiff 057BBD3. (34 pages) (Attachments: # 1 Exhibit) (REK)
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Legal Document (Payment Possibly Required) 64 Filed: 1/8/2018, Entered: 1/9/2018
MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Quash Plaintiff's Subpoena to DPS Expedited, 46 MOTION for Summary Judgment by 057BBD3. (3 pages) (REK)
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Legal Document (Payment Possibly Required) 63 Filed: 1/3/2018, Entered: 1/3/2018
NOTICE of Service of Discovery filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 62 Filed: 12/19/2017, Entered: 12/19/2017
REPLY to Response to Motion re: 48 MOTION to Stay filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 61 Filed: 12/18/2017, Entered: 12/18/2017
*MOTION to Quash Plaintiff's Subpoena to DPS Expedited by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order Order)(Orcutt, Anne) *Modified to add additional filer on 12/19/2017 (REK).
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Legal Document (Payment Possibly Required) 60 Filed: 12/18/2017, Entered: 12/18/2017
NOTICE of Service of Discovery filed by 057BBD3. (1 page) (REK)
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Legal Document (Payment Possibly Required) 59 Filed: 12/18/2017, Entered: 12/18/2017
*NOTICE re: Filing Attachments by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago re: 47 Statement of Facts . (Attachments: # 1 Exhibit A-B)(Orcutt, Anne) *Modified to add additional filer on 12/19/2017 (REK).
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Legal Document (Payment Possibly Required) 58 Filed: 12/15/2017, Entered: 12/15/2017 Court Filing
ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order 31 and Plaintiff's Amended Application for Leave to Proceed In Forma Pauperis 36 .Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order 31 is denied. Plaintiff's Amended Application for Leave to Proceed In Forma Pauperis 36 is granted. See order for details. Signed by Senior Judge Stephen M McNamee on 12/15/2017. (LMR)
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Legal Document (Payment Possibly Required) 57 Filed: 12/14/2017, Entered: 12/14/2017
DECLARATION re: 56 Plaintiff's Opposition to Defendant's Motion to Stay Discovery by Plaintiff 057BBD3. (13 pages) (REK)
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Legal Document (Payment Possibly Required) 56 Filed: 12/14/2017, Entered: 12/14/2017
Plaintiff's Opposition to 48 Defendant's Motion to Stay Discovery by Plaintiff 057BBD3. (7 pages) (REK)
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Legal Document (Payment Possibly Required) 55 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
ORDER: Defendants' Motion to Stay 48 is granted pending the Court's ruling on Defendants' Motion for Summary Judgment regarding mandatory exhaustion of administrative remedies under the Prison Litigation Reform Act. If Defendants' Motion for Summary Judgment is not granted, Defendants will have thirty days from the issuance of the Order denying their Motion to respond to Plaintiff's Interrogatories and Requests for Production. Signed by Magistrate Judge David K Duncan on 12/11/2017. (REK)
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Legal Document (Payment Possibly Required) 54 Filed: 12/11/2017, Entered: 12/11/2017 Court Filing
ORDER: Defendants Ryan, Diaz, Rider, Santiago, and Winckler have filed a Motion for Summary Judgment 46 . Plaintiff must file a response to Defendants' Motion for Summary Judgment, together with a separate Statement of Facts and supporting affidavits or other appropriate exhibits, no later than 30 days from the date of this Order. Defendants may file a reply within fifteen (15) days after service of Plaintiff's response. The Motion for Summary Judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge David K Duncan on 12/11/2017. (REK)
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Legal Document (Payment Possibly Required) 53 Filed: 12/1/2017, Entered: 12/4/2017
NOTICE of Service of Discovery re: Plaintiff's First Request for Production of Documents to Defendant Tara Diaz filed by 057BBD3. (1 page) (REK)
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Legal Document (Payment Possibly Required) 52 Filed: 12/1/2017, Entered: 12/4/2017
NOTICE of Service of Discovery re: Plaintiff's First Set of Interrogatories to Defendant James Winkler filed by 057BBD3. (1 page) (REK)
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Legal Document (Payment Possibly Required) 51 Filed: 12/1/2017, Entered: 12/4/2017
NOTICE of Service of Discovery re: Plaintiff's First Set of Interrogatories to Defendant Tara Diaz filed by 057BBD3. (1 page) (REK)
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Sealed Legal Document 50 Filed: 11/28/2017, Entered: 11/28/2017
SEALED NOTICE re: Last Known Address of Defendant Fredrick pursuant to the Court's Order at Doc. 38 by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (ATD)
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Legal Document (Payment Possibly Required) 49 Filed: 11/28/2017, Entered: 11/28/2017 Court Filing
ORDER granting Defendants' 41 Motion to Seal the last known address of Defendant Fredrick. The Clerk of the Court is directed to file the last known address of Defendant Fredrick under seal. Signed by Magistrate Judge David K Duncan on 11/27/2017. (ATD)
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Legal Document (Payment Possibly Required) 48 Filed: 11/27/2017, Entered: 11/27/2017
*MOTION to Stay by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago. (Attachments: # 1 Text of Proposed Order Order)(Orcutt, Anne) *Modified to add additional filer on 11/28/2017 (REK).
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Legal Document (Payment Possibly Required) 47 Filed: 11/27/2017, Entered: 11/27/2017
STATEMENT OF FACTS re: 46 MOTION for Summary Judgment by Defendants Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Attachments: # 1 Exhibit 1)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 46 Filed: 11/27/2017, Entered: 11/27/2017
*MOTION for Summary Judgment by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler, Hector Santiago. (Orcutt, Anne) *Modified to add additional filer on 11/28/2017 (REK).
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Legal Document (Payment Possibly Required) 45 Filed: 11/20/2017, Entered: 11/21/2017
Plaintiff's NOTICE Pursuant to Rule 45(a)(4) by 057BBD3. (1 page) (REK)
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Legal Document (Payment Possibly Required) 44 Filed: 11/20/2017, Entered: 11/21/2017
NOTICE of Service of Discovery re: Plaintiff's First Request for Production of Documents to Defendant Charles L Ryan filed by 057BBD3. (1 page) (REK)
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Legal Document (Payment Possibly Required) 43 Filed: 11/20/2017, Entered: 11/21/2017
NOTICE of Service of Discovery re: First Set of Interrogatories to Defendant Charles L Ryan filed by 057BBD3. (1 page) (REK)
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Legal Document (Payment Possibly Required) 42 Filed: 11/20/2017, Entered: 11/20/2017
***FILED at (Doc. 50 )--SEALED LODGED Proposed Last Known Address of Shahna Frederick re: 41 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne) Modified on 11/28/2017 (ATD).
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Legal Document (Payment Possibly Required) 41 Filed: 11/20/2017, Entered: 11/20/2017
MOTION to Seal Document by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Attachments: # 1 Text of Proposed Order Proposed Order)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 40 Filed: 11/20/2017, Entered: 11/20/2017
NOTICE re: to Court re Shahna Frederick by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler . (Orcutt, Anne)
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Legal Document (Payment Possibly Required) 39 Filed: 11/9/2017, Entered: 11/9/2017 Court Filing
SCHEDULING AND DISCOVERY ORDER: Discovery due by 2/8/2018. Dispositive motions due by 4/10/2018. Proposed Pretrial Order due by 5/10/2018. See document for further details. Signed by Magistrate Judge David K Duncan on 11/09/2017. (REK)
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Legal Document (Payment Possibly Required) 38 Filed: 11/9/2017, Entered: 11/9/2017 Court Filing
ORDER: Within ten (10) days from the date this Order is filed, Defendants shall provide Plaintiff with Defendant Fredrick's current work location if said Defendant is still employed with the ADOC. If Plaintiff is provided this information, he shall prepare and return a service packet to the Clerk of the Court. The Clerk of the Court is further directed to send a service packet to Plaintiff. If Defendant Fredrick is no longer employed with the ADOC, Defendants shall file UNDER SEAL Defendant Fredrick's last known home address. Upon receipt of that information, the Clerk of the Court shall prepare and send to the U.S. Marshal a service packet for service of the Summons and Complaint upon Defendant Fredrick. The time for completing service shall be extended sixty (60) days from the date this Order is filed. Signed by Magistrate Judge David K Duncan on 11/09/2017. (REK)
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Legal Document (Payment Possibly Required) 37 Filed: 11/7/2017, Entered: 11/7/2017
Prisoner Trust Fund Account Statement by 057BBD3. (9 pages) (REK)
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Legal Document (Payment Possibly Required) 36 Filed: 11/7/2017, Entered: 11/7/2017
Amended APPLICATION for Leave to Proceed In Forma Pauperis by 057BBD3. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 35 Filed: 11/7/2017, Entered: 11/7/2017 Court Filing
ORDER: Plaintiff's Motion to Amend 21 is denied without prejudice for failure to seek leave to exceed the page limit. Plaintiff may seek leave to amend his complaint in conformity with this Order. Plaintiff's Motion for Default Judgment is denied 24 . Plaintiff's Motion to Amend his Application to Proceed in Forma Pauperis is granted 25 . The Clerk of Court is directed to file the lodged Amended Application to Proceed in Forma Pauperis and the lodged account statement. Signed by Senior Judge Stephen M McNamee on 11/07/2017. (REK)
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Legal Document (Payment Possibly Required) 34 Filed: 10/30/2017, Entered: 10/31/2017
REPLY to Response to Motion re: 31 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by 057BBD3. (70 pages) (REK)
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Legal Document (Payment Possibly Required) 33 Filed: 10/6/2017, Entered: 10/6/2017
RESPONSE to Motion re: 31 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Attachments: # 1 Exhibit 1)(Orcutt, Anne)
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Legal Document (Payment Possibly Required) 32 Filed: 9/25/2017, Entered: 9/25/2017
MEMORANDUM in Support of 31 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by Plaintiff 057BBD3. (ATD) (27 pages)
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Legal Document (Payment Possibly Required) 31 Filed: 9/25/2017, Entered: 9/25/2017
MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order by 057BBD3. (ATD) (3 pages)
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Legal Document (Payment Possibly Required) 30 Filed: 9/22/2017, Entered: 9/25/2017
REPLY to Response to Motion re: 24 MOTION for Default Judgment filed by 057BBD3. (4 pages) (KAS)
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Legal Document (Payment Possibly Required) 29 Filed: 9/14/2017, Entered: 9/14/2017
*NOTICE of Attorney Substitution by Anne Marie Orcutt on behalf of Tara R Diaz, Pamela Rider, Charles L Ryan, James Winkler. (Orcutt, Anne) *Modified to correct event on 9/15/2017 (DXD).
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Legal Document (Payment Possibly Required) 28 Filed: 9/11/2017, Entered: 9/11/2017
*RESPONSE in Opposition re: 24 MOTION for Default Judgment filed by Charles L Ryan, Tara R Diaz, Pamela Rider, James Winkler, Hector Santiago. (Orcutt, Anne) *Modified to add filers on 9/12/2017 (DXD).
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Legal Document (Payment Possibly Required) 27 Filed: 9/5/2017, Entered: 9/6/2017
*FILED at Doc. 37 Per Doc. 35 *SEALED LODGED Proposed Prisoner Trust Fund Account Statement re: 25 MOTION to Amend/Correct. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by 057BBD3. (ATD) (9 pages) *Modified on 11/7/2017 (MAP)*.
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Legal Document (Payment Possibly Required) 26 Filed: 9/5/2017, Entered: 9/6/2017
***Filed at 36 per Order 35 ***LODGED Proposed Amended Application to Proceed In Forma Pauperis re: 25 MOTION to Amend/Correct. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by 057BBD3. (SLQ) (2 pages). Modified on 11/7/2017 (REK).
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Legal Document (Payment Possibly Required) 25 Filed: 9/5/2017, Entered: 9/6/2017
MOTION to Amend Application to Proceed In Forma Pauperis by 057BBD3. (SLQ) (2 pages).
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Legal Document (Payment Possibly Required) 24 Filed: 8/31/2017, Entered: 8/31/2017
MOTION for Default Judgment, OBJECTION re: 23 Answer by 057BBD3 (20 pages). (DXD)
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Legal Document (Payment Possibly Required) 23 Filed: 8/18/2017, Entered: 8/18/2017
MTC Defendants' ANSWER to 1 Complaint with Jury Demand by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler.(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 22 Filed: 8/14/2017, Entered: 8/15/2017
***Denied per Order 35 ***LODGED Proposed First Amended Complaint re: 21 MOTION to Amend/Correct 1 Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by 057BBD3 (61 pages). (DXD) Modified on 11/7/2017 (REK).
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Legal Document (Payment Possibly Required) 21 Filed: 8/14/2017, Entered: 8/15/2017
MOTION to Amend/Correct 1 Complaint by 057BBD3 (2 pages). (DXD)
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Legal Document (Payment Possibly Required) 20 Filed: 8/9/2017, Entered: 8/9/2017 Court Filing
ORDER: The reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Dismiss 13 and Plaintiff's 12(e) Motion for More Definitive Statement 16 . Plaintiff's 12(e) Motion for More Definitive Statement 16 is denied as moot. Defendants' Motion to Dismiss 13 is denied. See order for additional details. Signed by Senior Judge Stephen M McNamee on 8/8/2017.(LMR)
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Legal Document (Payment Possibly Required) 19 Filed: 7/25/2017, Entered: 7/25/2017
REPLY to Response to Motion re: 13 MOTION to Dismiss for Failure to State a Claim filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 18 Filed: 7/25/2017, Entered: 7/25/2017
RESPONSE to Motion re: 16 MOTION for More Definitive Statement filed by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 17 Filed: 7/14/2017, Entered: 7/17/2017
RESPONSE in Opposition re: 13 MOTION to Dismiss for Failure to State a Claim (Titled: Plaintiff's Memoranda of Points and Authorities in Opposition to Defendants 12(b) Motion to Dismiss) filed by 057BBD3. (13 pages) (REK)
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Legal Document (Payment Possibly Required) 16 Filed: 7/14/2017, Entered: 7/17/2017
MOTION for More Definitive Statement by 057BBD3. (2 pages) (REK)
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Legal Document (Payment Possibly Required) 15 Filed: 6/27/2017, Entered: 6/27/2017
Service Returned Unexecuted: Summons/Complaint/Order as to Shahana Fredrick - no such street address. (LAD)
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Legal Document (Payment Possibly Required) 14 Filed: 6/26/2017, Entered: 6/26/2017 Court Filing
ORDER - IT IS ORDERED that Plaintiff must file a response to Defendants' Motion to Dismiss, together with copies of grievances, sworn declarations or other admissible evidence, no later than 30 days from the date of this Order. IT IS FURTHER ORDERED that Defendants may file a reply within 15 days after service of Plaintiff's response. (See document for further details). Signed by Magistrate Judge David K Duncan on 6/26/17. (LAD)
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Legal Document (Payment Possibly Required) 13 Filed: 6/23/2017, Entered: 6/23/2017
MOTION to Dismiss for Failure to State a Claim by Tara R Diaz, Pamela Rider, Charles L Ryan, Hector Santiago, James Winkler. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Vaughn, Victoria)
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Legal Document (Payment Possibly Required) 12 Filed: 6/14/2017, Entered: 6/14/2017
SERVICE EXECUTED : Rule 4 Waiver of Service of Summons. Waiver sent on 4/24/2017 to Charles L Ryan. (REK)
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Legal Document (Payment Possibly Required) 11 Filed: 6/14/2017, Entered: 6/14/2017
SERVICE EXECUTED : Rule 4 Waiver of Service of Summons. Waiver sent on 4/24/2017 to Pamela Rider. (REK)
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Legal Document (Payment Possibly Required) 10 Filed: 6/14/2017, Entered: 6/14/2017
SERVICE EXECUTED : Rule 4 Waiver of Service of Summons. Waiver sent on 4/24/2017 to Tara Diaz. (REK)
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Legal Document (Payment Possibly Required) 9 Filed: 6/14/2017, Entered: 6/14/2017
SERVICE EXECUTED : Rule 4 Waiver of Service of Summons. Waiver sent on 4/24/2017 to James Winkler. (REK)
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Legal Document (Payment Possibly Required) 8 Filed: 3/29/2017, Entered: 3/29/2017 Court Filing
ORDER Directing Monthly Payments be made from Prison Account of 057BBD3. Signed by Senior Judge Stephen M McNamee on 3/29/2017. (ATD)
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Legal Document (Payment Possibly Required) 7 Filed: 3/29/2017, Entered: 3/29/2017 Court Filing
ORDER (Service Packet) - Plaintiff's 2 Application to Proceed In Forma Pauperis is granted. Plaintiff's 4 Motion for Appointment of Counsel is denied. Counts One, Three, Four, Five, Six, and Seven are dismissed without prejudice. Defendants Marquardt, Washington, Sterns, and Shaw are dismissed without prejudice. Defendants Ryan, Diaz, Rider, Santiago, Frederick, and Winkler must answer Count Two of the Complaint, as set forth herein. The Clerk of Court must send Plaintiff a service packet including the 1 Complaint, this Order, and both summons and request for waiver forms for Defendants Ryan, Diaz, Rider, Santiago, Frederick, and Winkler. This matter is referred to Magistrate Judge David K. Duncan pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Senior Judge Stephen M McNamee on 3/29/2017. (ATD)
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Legal Document (Payment Possibly Required) 6 Filed: 12/19/2016, Entered: 12/20/2016
NOTICE OF ASSIGNMENT: (DXD)
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Legal Document (Payment Possibly Required) 5 Filed: 12/19/2016, Entered: 12/20/2016
MEMORANDUM of Points and Authorities in Support of 4 MOTION to Appoint Counsel by Plaintiff 057BBD3 (7 pages). (DXD)
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Legal Document (Payment Possibly Required) 4 Filed: 12/19/2016, Entered: 12/20/2016
MOTION to Appoint Counsel by 057BBD3 (1 page). (DXD)
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Legal Document (Payment Possibly Required) 3 Filed: 12/19/2016, Entered: 12/20/2016
Prisoner Trust Fund Account Statement by 057BBD3 (9 pages). (DXD)
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Legal Document (Payment Possibly Required) 2 Filed: 12/19/2016, Entered: 12/20/2016
APPLICATION for Leave to Proceed In Forma Pauperis by 057BBD3 (2 pages). (DXD)
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Legal Document (Payment Possibly Required) 1 Filed: 12/19/2016, Entered: 12/20/2016
PRISONER CIVIL RIGHTS COMPLAINT filed by 057BBD3 (51 pages). (Attachments: # 1 Envelope)(DXD)
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