West et al v. Brewer et al
| Thomas Paul West, Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Theodore Washington and Todd Smith |
| Janice K Brewer, Charles L Ryan, Ernest Trujillo, Carson McWilliams and Unknown Parties |
| 2:2011cv01409 |
| July 16, 2011 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Neil V Wake |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 125 MANDATE of USCA, pursuant to the stipulation of the parties, this appeal is dismissed; each party shall bear its own costs on appeal, re: 12-15009 #114 Notice of Appeal. (Attachments: #1 NDA) (copies sent to all parties by Ninth Circuit)(REW) |
| Filing 124 CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re #114 Notice of Appeal. (VAR) |
| Filing 123 NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of Bench Trial Day Three for dates of 12/7/2011, before Judge Neil V. Wake, re #114 Notice of Appeal, Court Reporter Laurie A. Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (VAR) |
| Filing 122 NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of Bench Trial Day One for dates of 12/5/2011, before Judge Neil V. Wake, re #114 Notice of Appeal, Court Reporter Laurie A. Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (VAR) |
| Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Hearing for dates of 9/2/2011, before Judge Neil V. Wake, re #114 Notice of Appeal, Court Reporter Laurie A. Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (VAR) |
| Filing 120 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington for proceedings held on 8/3/11, 9/2/11, 11/15/11, 11/22/11, 12/5/11, 12/6/11, 12/7/11 before Judge Wake, (Konrad, Robin) |
| Filing 119 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington for proceedings held on 09/02/2011 before Judge Wake.. (Konrad, Robin) |
| Filing 118 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington for proceedings held on 12/05/2011, 12/07/2011 before Judge Wake.. (Konrad, Robin) |
| Filing 117 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Bench Trial Day 1 of Proceedings Partial Transcript - Testimony of Charles L Ryan held on 12/05/2011, before Judge Neil V Wake. Court Reporter Laurie A Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/1/2012. Redacted Transcript Deadline set for 2/13/2012. Release of Transcript Restriction set for 4/10/2012. (BAS) |
| Filing 116 TRANSCRIPT REQUEST by Janice K Brewer for proceedings held on 12/05/2011 before Judge Neil V. Wake.. (Zick, Jeffrey) |
| Filing 115 Ninth Circuit Case Number 12-15009 for #114 Notice of Appeal. (REW) |
| Filing 114 *NOTICE OF APPEAL to 9th Circuit, as to #112 Findings of Fact & Conclusions of Law, #113 Clerk's Judgment by Thomas Paul West, Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Baich, Dale) *Modified to add filer on 1/5/2012* (REW). |
| Filing 113 CLERK'S JUDGMENT, that pursuant to the Court's order filed December 21, 2011, judgment is entered in favor of defendants and against plaintiffs. Plaintiffs to take nothing, and complaint and action are dismissed. (DMT) |
Filing 112
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER - Based on the foregoing findings of fact and conclusions of law, It Is Ordered that the Clerk of Court enter final judgment against Plaintiffs Thomas Paul West, et al., and in favor of Defendants, Janice K. Brewer, et al. The Clerk shall terminate this case. Signed by Judge Neil V Wake on 12/21/11. (DMT)
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| Filing 111 NOTICE OF FILING OF OFFICIAL PARTIAL TRANSCRIPT of Bench Trial Day 3 of Proceedings - Closing Arguments held on 12/07/2011, before Judge Neil V Wake. Court Reporter Laurie A Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/12/2012. (BAS) |
| Filing 110 NOTICE OF FILING OF OFFICIAL REDACTED TRANSCRIPT of Bench Trial Day 2 of Proceedings held on 12/06/2011, before Judge Neil V Wake. Court Reporter Laurie A Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/12/2012. (BAS) |
| Filing 109 SEALED TRANSCRIPT of Proceedings on 12/6/11. (MAP) |
| Filing 103 TRANSCRIPT REQUEST by Janice K Brewer for proceedings held on 12/07/2011 before Judge Neil V. Wake.. (Zick, Jeffrey) |
| Filing 108 MINUTE ORDER re: Exhibits returned to respective counsel to retain until case has been completely terminated, including all appeals. (DMT) |
| Filing 107 Witness List by defendants. (DMT) |
| Filing 106 Witness List by plaintiffs(DMT) |
| Filing 105 Exhibit List by defendants(DMT) |
| Filing 104 Exhibit List by plainitffs. (DMT) |
| Filing 102 Minute Entry for proceedings held before Judge Neil V Wake: Bench Trial completed on 12/7/2011. The Court takes the matter under advisement. See minutes for details. (Court Reporter Laurie Adams.) (NKS) |
| Filing 101 Minute Entry for proceedings held before Judge Neil V Wake: Bench Trial (Day Two) held on 12/06/11. Trial continues on 12/07/11 at 9:00 a.m. See minutes for details. (Court Reporters Laurie Adams & Merilyn Sanchez.) (NKS) |
| Filing 100 TRANSCRIPT REQUEST by Janice K Brewer for proceedings held on 12/06/2011 before Judge Neil V. Wake.. (Zick, Jeffrey) |
| Filing 99 Minute Entry for proceedings held before Judge Neil V Wake: Bench Trial (Day One) begun on 12/05/11. The Defendants' #97 Notice of Unavailability of a Witness is treated as a motion, and the Court will grant the request. Trial continues on 12/06/11 at 9:00 a.m. See minutes for details. (Court Reporter Laurie Adams.) (NKS) |
| Filing 98 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington for proceedings held on 12/06/2011 before Judge Wake.. (Konrad, Robin) |
| Filing 97 * NOTICE re Unavailability of Witness by Janice K Brewer, Charles L Ryan, Ernest Trujillo, Carson McWilliams . (Attachments: #1 Exhibit A and B to Notice)(Zick, Jeffrey) Modified on 12/5/2011 (LAD). * Docket text modified to add filers in addition to Janice K Brewer. |
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Filing 96
ORDER: Plaintiffs' #95 motion to continue trial date and motion for settlement conference is denied. See order for details. Signed by Judge Neil V Wake on 11/30/11. (NKS)
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| Filing 95 MOTION to Continue Trial Date and Motion for Settlement Conference by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Attachments: #1 Exhibit Exhibits 1 and 2)(Baich, Dale) |
| Filing 94 NOTICE re Information for Court Reporter by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington . (Konrad, Robin) |
| Filing 93 TEXT ONLY ORDER: IT IS ORDERED that Defendants' #92 Motion to Withdraw Request for Protective Order is granted, and Defendants' #78 Motion to Permit Expert Rebuttal Witness to Testify Under Certain Conditions of Confidentiality is withdrawn. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 92 MOTION to Withdraw #78 MOTION Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality by Janice K Brewer. (Zick, Jeffrey) |
| Filing 91 RESPONSE to Motion re #78 MOTION Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality , #87 MOTION to Supplement Motion to Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality filed by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Baich, Dale) |
| Filing 90 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Conference Proceedings held on 11/22/2011, before Judge Neil V Wake. Court Reporter Merilyn A Sanchez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/14/2011. Redacted Transcript Deadline set for 12/27/2011. Release of Transcript Restriction set for 2/21/2012. (BAS) |
| Filing 89 TEXT ONLY ORDER: IT IS ORDERED that Defendants' #87 Motion to Supplement is granted. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 88 TRANSCRIPT REQUEST by Janice K Brewer for proceedings held on 11/22/2011 before Judge Neil V. Wake.. (Zick, Jeffrey) |
| Filing 87 MOTION to Supplement Motion to Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality by Janice K Brewer. (Attachments: #1 Exhibit A and B to Supplement)(Zick, Jeffrey) |
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Filing 86
JOINT FINAL PRETRIAL ORDER: Approved at 11/22/11 Resumed Final Pretrial Conference. See order for complete details. Signed by Judge Neil V Wake on 11/22/11. (NKS)
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| Filing 85 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington for proceedings held on 11/22/2011 before Judge Wake.. (Konrad, Robin) |
| Filing 84 Minute Entry for proceedings held before Judge Neil V Wake: Resumed Final Pretrial Conference held on 11/22/2011. The Defendants' #57 Motion to Dismiss Claim as Moot and Motion to Preclude Testimony is denied. The Defendants' #63 Motion to Vacate Bench Trial is denied for the reasons stated on the record. The Court approves the parties' #83 Joint Amended Proposed Final Pretrial Order. See minutes for details. (Court Reporter Merilyn Sanchez.) (NKS) |
| Filing 83 Proposed Pretrial Order (Joint Amended) by Janice K Brewer, Gregory Dickens, Charles M Hedlund, Carson McWilliams, Robert Wayne Murray, Charles L Ryan, Todd Smith, Ernest Trujillo, Unknown Parties, Theodore Washington. (Attachments: #1 Exhibit Exhibits A and B)(Konrad, Robin) |
| Filing 82 RESPONSE in Opposition re #78 MOTION Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality filed by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Baich, Dale) |
| Filing 81 REPLY to Response to Motion re #63 MOTION to Vacate Bench Trial filed by Janice K Brewer. (Zick, Jeffrey) |
| Filing 80 RESPONSE in Opposition re #63 MOTION to Vacate Bench Trial filed by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Baich, Dale) |
| Filing 79 TEXT ONLY ORDER: IT IS ORDERED that Plaintiffs respond by noon on November 23, 2011, to Defendants' #78 Motion to Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 78 MOTION Permit Expert Rebuttal Witness to Testify Under Conditions of Confidentiality by Janice K Brewer. (Todd, John) |
| Filing 77 TEXT ONLY ORDER: The Court having received a written request from the Office of the Federal Public Defender seeking permission for attorneys' David Sepanik and Flora Vigo from the law firm of O'Melveny & Myers to appear telephonically for the 11/22/11 resumed Final Pretrial Conference, ORDERED granting the parties' request. Counsel are directed to call the Court at (602) 322-7640 on one conjoined phone call approximately 5 minutes prior to the start of the proceeding. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Final Pretrial Conference Proceedings held on 11/15/2011, before Judge Neil V Wake. Court Reporter Merilyn A Sanchez. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/8/2011. Redacted Transcript Deadline set for 12/19/2011. Release of Transcript Restriction set for 2/15/2012. (BAS) |
| Filing 75 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington for proceedings held on 11/15/2011 before Judge Wake.. (Konrad, Robin) |
| Filing 74 TRANSCRIPT REQUEST by Janice K Brewer for proceedings held on 11/15/2011 before Judge Neil V. Wake.. (Zick, Jeffrey) |
| Filing 73 Minute Entry for proceedings held before Judge Neil V Wake: Final Pretrial Conference held on 11/15/2011. The Defendants' #58 Motion to Permit Testimony of Medical Team Leader to be Taken by Videoconferencing is discussed. The Court denies the motion with exception(s) as stated on the record. Resumed Final Pretrial Conference set for 11/22/11 at 9:30 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. See minutes for details. (Court Reporter Merilyn Sanchez.) (NKS) |
| Filing 72 PROPOSED FINDINGS OF FACT and Conclusions of Law by Defendant Janice K Brewer. (Todd, John) |
| Filing 71 TRIAL BRIEF on All Contested Issues of Law by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Baich, Dale) |
| Filing 70 Proposed Findings of Fact by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Baich, Dale) |
| Filing 69 Respondent's BRIEF by Janice K Brewer on Contested Issues of Law. (Todd, John) |
| Filing 68 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held on 08/03/2011, before Judge Neil V Wake. Court Reporter Laurie A Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/30/2011. Redacted Transcript Deadline set for 12/12/2011. Release of Transcript Restriction set for 2/7/2012. (BAS) |
| Filing 67 TRANSCRIPT REQUEST by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West for proceedings held on August 3, 2011 before Judge Neil V. Wake.. (Konrad, Robin) |
| Filing 66 TEXT ONLY ORDER: The Court having reviewed the parties' #65 Joint Application for Leave to Submit Modified Form of Proposed Pre-Trial Order or Leave for Additional Time to Submit Corrected Form of Proposed Pre-Trial Order, ORDERED that the parties may submit their charts regarding contested/uncontested facts as requested in their motion. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 65 Joint MOTION to Amend/Correct #64 Lodged Proposed Document, by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Attachments: #1 Text of Proposed Order)(Konrad, Robin) |
| Filing 64 *Proposed (Joint) Final Pretrial Order. Filed by Janice K Brewer, Gregory Dickens, Charles M Hedlund, Carson McWilliams, Robert Wayne Murray, Charles L Ryan, Todd Smith, Ernest Trujillo, Unknown Parties, Theodore Washington, Thomas Paul West. (Attachments: #1 Exhibit Exhibits A-D)(Konrad, Robin) Modified on 11/9/2011 from Lodged Proposed Document (DMT). |
| Filing 63 MOTION to Vacate Bench Trial by Janice K Brewer. (Attachments: #1 Exhibit Plaintiffs' Fact Chart with Defendants' Responses)(Todd, John) |
| Filing 62 TEXT ONLY ORDER: The Court having reviewed the parties' #60 Joint Stipulated Request for Additional Time, ORDERED granting the aforementioned stipulation. FURTHER ORDERED that the parties shall have up to and including 11/10/11 at 4:00 PM (Arizona time) to lodge with the Court their proposed findings of fact and conclusions of law, a short trial brief on all contested issues of law from each party, and their deposition transcript designations. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 61 RESPONSE in Opposition re #58 MOTION to Permit Testimony of Medical Team Leader to be Taken by Videoconferencing filed by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Baich, Dale) |
| Filing 60 STIPULATION /Joint Stipulated Request for Additional Time by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Attachments: #1 Text of Proposed Order)(Konrad, Robin) |
| Filing 59 RESPONSE in Opposition re #57 MOTION to Dismiss Counts/Claims as Moot and Motion to Preclude Testimony filed by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Attachments: #1 Exhibit Index and Exhibits 1-16)(Baich, Dale) |
| Filing 58 *MOTION to Permit Testimony of Medical Team Leader to be Taken by Videoconferencing by Janice K Brewer, Ernest Trujillo, Carson McWilliams, Charles L Ryan. (Done, Julie) *Modified to reflect correct filers on 11/2/2011 (CMAL). |
| Filing 57 *MOTION to Dismiss Counts/Claims as Moot and Motion to Preclude Testimony by Janice K Brewer, Ernest Trujillo, Carson McWilliams, Charles L Ryan. (Done, Julie) *Modified to reflect correct filers on 11/2/2011 (CMAL). |
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Filing 56
ORDER granting #55 Stipulated Motion for Privacy Act and Protective Order. See order for complete details. Signed by Judge Neil V Wake on 10/31/11. (NKS)
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| Filing 55 Joint MOTION for Protective Order by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington. (Attachments: #1 Text of Proposed Order)(Baich, Dale) |
| Filing 54 TEXT ONLY ORDER: On the Court's own motion, with no objection from counsel, ORDERED resetting the Bench Trial from 12/06/11 to 12/05/11 (one day earlier) at 9:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 53 NOTICE of Appearance by Julie Ann Done on behalf of Janice K Brewer, Carson McWilliams, Charles L Ryan, Ernest Trujillo (Done, Julie) |
| Filing 52 NOTICE re Service of ESI Discovery of Unredacted Documents Pursuant to Court's Order by Janice K Brewer . (Zick, Jeffrey) |
| Filing 51 NOTICE re Service of Defendants' Confidential Responses to Plaintiffs' Second Set of Interrogatories by Janice K Brewer . (Zick, Jeffrey) |
| Filing 50 NOTICE re of Service of Rule 26(a)(2) Expert Witness Disclosure by Janice K Brewer . (Zick, Jeffrey) |
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Filing 49
ORDER pursuant to General Order 09-08 granting #47 Motion for Admission Pro Hac Vice; granting #48 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX113508 as to David J Sepanik. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX113507 as to Flora F Vigo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 48 MOTION for Admission Pro Hac Vice as to attorney David J Sepanik on behalf of plaintiffs Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, and Thomas Paul West. (BAS) |
| Filing 47 MOTION for Admission Pro Hac Vice as to attorney Flora F Vigo on behalf of plaintiffs Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, and Thomas Paul West. (BAS) |
| Filing 46 NOTICE of Appearance by John Pressley Todd on behalf of Charles L Ryan (Todd, John) |
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Filing 45
ORDER: Proposed Pretrial Order due by 11/8/2011. Final Pretrial Conference continued from 10/07/11 to 11/15/11 at 3:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. Bench Trial continued from 10/11/11 to 12/06/11 at 9:00 AM in Courtroom 504 before Judge Neil V Wake. See order for complete details. Signed by Judge Neil V Wake on 9/8/11. (NKS)
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| Filing 44 NOTICE re Service of Defendants' Confidential Response to Plaintiffs' First Set of Interrogatories by Janice K Brewer . (Zick, Jeffrey) |
| Filing 43 TEXT ONLY Minute Entry for proceedings held before Judge Neil V Wake: Telephonic Conference held on 9/2/2011. Appearances: Dale Baich for Plaintiffs; Jeffrey Zink for Defendants. Staff Attorney Kristine Fox is also present. Discussion is held. The Court orders Defendants time to respond to the discovery requests extended to 09/16/11. The issue of rescheduling the 10/11/11 Bench Trial is taken under advisement at this time. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 42 TEXT ONLY ORDER: The Court having been contacted by counsel and informed that it may need an extension regarding the disclosures in this matter, ORDERED setting a Telephonic Conference for 09/02/11 at 1:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. The parties are directed to call the Court on one conjoined phone call at (602) 322-7640 approximately 5 minutes prior to the start of the proceeding. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 41 NOTICE re Service of Rule 26(a)(2) Expert Disclosures by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Baich, Dale) |
| Filing 40 ANSWER to #29 Amended Complaint, by Janice K Brewer, (all defendants).(Zick, Jeffrey) *Modified on 8/25/2011 to add text* (DMT). |
| Filing 39 NOTICE re Service of Defendant's Rule 26 Disclosures and Responses to Plaintiff's First Request for Production by Janice K Brewer. (Zick, Jeffrey) |
| Filing 38 NOTICE re Notice of Withdrawal of Counsel by Charles L Ryan. (Bass, Jonathan) |
| Filing 37 MANDATE of USCA, DENIED as to #16 Notice of Appeal filed by Thomas Paul West. (Attachments: #1 attachment, #2 order, #3 order, #4 order, #5 notice of docket activity)(TLJ) |
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Filing 36
ORDER granting #35 Stipulation for Proposed Protective Order. See order for details. Signed by Judge Neil V Wake on 8/10/11. (NKS)
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| Filing 35 STIPULATION for Proposed Protective Order by Janice K Brewer, Gregory Dickens, Charles M Hedlund, Carson McWilliams, Robert Wayne Murray, Charles L Ryan, Todd Smith, Ernest Trujillo, Unknown Parties, Theodore Washington, Thomas Paul West. (Attachments: #1 Proposed Order)(Baich, Dale) |
| Filing 34 NOTICE re Service of Initial rule 26(a)(1) Disclosure to Plaintiffs by Janice K Brewer. (Zick, Jeffrey) |
| Filing 33 NOTICE re Service of Initial Rule 26(a)(1) Disclosure by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Baich, Dale) |
| Filing 32 * STIPULATION for Proposed Protective Order by Janice K Brewer, Gregory Dickens, Charles M Hedlund, Carson McWilliams, Robert Wayne Murray, Charles L Ryan, Todd Smith, Ernest Trujillo, Unknown Parties, Theodore Washington, Thomas Paul West. (Baich, Dale) Modified on 8/9/2011 (LAD). * Document filed in error. Document is a proposed order. Attorney noticed to refile with correct PDF document. |
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Filing 31
SCHEDULING ORDER: Discovery due by 9/16/2011. Proposed Pretrial Order due by 10/5/2011. Final Pretrial Conference set for 10/7/2011 at 2:00 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. See order for details. Signed by Judge Neil V Wake on 8/4/11. (NKS)
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| Filing 30 REPORT of Rule 26(f) Planning Meeting by Janice K Brewer, Gregory Dickens, Charles M Hedlund, Carson McWilliams, Robert Wayne Murray, Charles L Ryan, Todd Smith, Ernest Trujillo, Unknown Parties, Theodore Washington, Thomas Paul West. (Konrad, Robin) |
| Filing 29 AMENDED COMPLAINT FOR EQUITABLE, INJUNCTIVE, AND DECLARATORY RELIEF [42 U.S.C. 1983] against All Defendants, filed by Todd Smith, Charles M Hedlund, Gregory Dickens, Robert Wayne Murray, Thomas Paul West, Theodore Washington. (Attachments: #1 Comparison of Original and Amended Complaints)(Baich, Dale) |
| Filing 28 TEXT ONLY Minute Entry for proceedings held before Judge Neil V Wake: Scheduling Conference held on 8/3/2011. Appearances: Dale Baich, Robin Conrad, and Cary Sandman for Plaintiffs; Jeffrey Zick for Defendants. Discussion is held regarding the parties' #27 Joint Scheduling Order. Trial schedule discussed. The Court directs counsel to submit a proposed form or order outlining the details discussed at today's hearing. (Court Reporter Laurie Adams.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 27 REPORT of Rule 26(f) Planning Meeting by Janice K Brewer, Gregory Dickens, Charles M Hedlund, Carson McWilliams, Robert Wayne Murray, Charles L Ryan, Todd Smith, Ernest Trujillo, Unknown Parties, Theodore Washington, Thomas Paul West. (Attachments: #1 Exhibit 1-3)(Baich, Dale) |
| Filing 26 NOTICE of Appearance by Cary Sandman on behalf of Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West (Sandman, Cary) |
| Filing 25 TEXT ONLY ORDER: The Court having reviewed the parties' #24 Motion for Extension of Time to File the Joint Case Management Plan, ORDERED granting the motion. FURTHER ORDERED that the parties shall have up to and including 08/02/11 to file their joint Case Management Plan. The joint Case Managment Plan will need to be filed by 12:00 PM on 08/02/11. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) |
| Filing 24 First MOTION for Extension of Time to File The Joint Case Management Plan by Janice K Brewer. (Attachments: #1 Text of Proposed Order)(Zick, Jeffrey) |
| Civil Case Opening Fee Received: $ 350.00 receipt number 0970-5605605 (Baich, Dale) |
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Filing 23
ORDER - (1) Within 30 days of the date this Order is filed, Plaintiffs must either pay the $350.00 filing fee or each file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. (2) Defendant's Motion to Dismiss #11 is DENIED. (3) The parties shall confer as set forth herein and jointly file their Case Management Plan no later than July 29, 2011. (4) A scheduling conference will be held on Wednesday, August 3, 2011, at 9:00 a.m. in Courtroom 504, Sandra Day OConnor United States Courthouse. (See document for further details). Signed by Judge Neil V Wake on 7/20/11. (LAD)
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Filing 22
ORDER of USCA, denying Appellant's Emergency Motion for an Injunction, re: 11-16707 #16 Notice of Appeal. (REW)
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| Filing 21 Ninth Circuit Case Number 11-16707 for #16 Notice of Appeal. (REW) |
| Filing 20 CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re #16 Notice of Appeal. (REW) |
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Filing 18
AMENDED ORDER DENYING EMERGENCY MOTION FOR TEMPORARY RETRAINING ORDER OR PRELIMINARY INJUNCTION. ORDERED denying #3 MOTION for Temporary Restraining Order or Preliminary Injunction FURTHER ORDERED granting #2 MOTION for Leave to Proceed in forma pauperis. Signed by Judge Neil V Wake on 7/18/11. (MAP)
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| Filing 17 Appeal Document by Thomas Paul West re #16 Notice of Appeal Notice of Related Case. (Baich, Dale) |
| Filing 16 *NOTICE OF APPEAL to 9th Circuit, as to #15 Order on Motion for Leave to Proceed in forma pauperis, Order on Motion for TRO by Thomas Paul West. (Baich, Dale) *Modified to remove non-filers on 7/18/2011* (REW). |
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Filing 15
*AMENDED By Doc. #18 *ORDER granting Plaintiff West's Application to Proceed In Forma Pauperis (Doc. 2); denying Plaintiff West's Emergency Motion for Temporary Restraining Order or Preliminary Injunction (Doc. 3). Signed by Judge Neil V Wake on 7/17/11.(CAD) *Modified on 7/18/2011 (MAP)*.
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| Filing 14 Additional Attachments to Main Document re #13 Response to Motion by Plaintiffs Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Attachments: #1 Exhibit Index, #2 Exhibit O through R)(Baich, Dale) |
| Filing 13 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order filed by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Charles L Ryan, Todd Smith, Theodore Washington, Thomas Paul West. (Baich, Dale) |
| Filing 12 *Additional Attachments to Main Document re #11 Answer by Defendant Janice K Brewer. (Attachments: #1 Exhibit 1 and 2, #2 Exhibit 3)(Bass, Jonathan) * Modified on 7/18/2011 to correct document linkage* (DMT). |
| Filing 11 ANSWER to #1 Complaint by Janice K Brewer, Ernest Trujillo, Carson McWilliams, Charles L. Ryan, Unknown Parties .(Bass, Jonathan) *Modified on 7/18/2011 to add additional filers* (DMT). |
| Filing 10 NOTICE of Appearance by Jeffrey Alan Zick on behalf of Janice K Brewer (Zick, Jeffrey) |
| Filing 9 NOTICE of Appearance by Kent E Cattani on behalf of Janice K Brewer (Cattani, Kent) |
| Filing 8 NOTICE of Appearance by Jonathan William Bass on behalf of Janice K Brewer (Bass, Jonathan) |
| Filing 7 Additional Attachments to Main Document re #1 Complaint by Plaintiffs Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Attachments: #1 Civil Cover Sheet Attachment to Civil Cover Sheet)(Baich, Dale) |
| Filing 19 Prisoner Trust Fund Account Statement by Thomas Paul West (submitted by Dale Baich). (REK) |
| Filing 6 Summons Issued as to Janice K Brewer, Carson McWilliams, Charles L Ryan, Ernest Trujillo. (Attachments: #1 Summons, #2 Summons, #3 Summons)(CAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 NOTICE OF ASSIGNMENT: (CAD) |
| Filing 4 SUMMONS Submitted by Gregory Dickens, Charles M Hedlund, Robert Wayne Murray, Todd Smith, Theodore Washington, Thomas Paul West. (Submitted by Dale Baich) (Attachments: #1 Summons, #2 Summons, #3 Summons)(CAD) |
| Filing 3 *MOTION for Temporary Restraining Order by Thomas Paul West. (Submitted by Dale Baich) (CAD) (Main Document 3 replaced on 7/18/2011) (CMAL). *Modified to correct document header; NEF regenerated on 7/18/2011 (CMAL). |
| Filing 2 *MOTION for Leave to Proceed in forma pauperis by Thomas Paul West. (Submitted by Dale Baich) (CAD) (Main Document 2 replaced on 7/18/2011) (CMAL). *Modified to correct document header; NEF regenerated on 7/18/2011 (CMAL). |
| Filing 1 *COMPLAINT (TRO Requested)filed by Todd Smith, Charles M Hedlund, Gregory Dickens, Robert Wayne Murray, Thomas Paul West, Theodore Washington. (Submitted by Dale Baich) (Attachments: #1 Index, #2 Exhibit, #3 Civil Cover Sheet)(CAD) (Main Document 1, Attachment 1, Attachment 2, Attachment 3 replaced on 7/18/2011) (CMAL). *Modified to correct document header; NEF regenerated on 7/18/2011 (CMAL). |
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