Newton v. Barendt et al
| Bobby Eugene Newton |
| Ryan Barendt and Lars Peterson |
| 2:2009cv01892 |
| September 10, 2009 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Frederick J Martone |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on May 17, 2011. A more recent docket listing may be available from PACER.
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| Filing 45 Mail Returned as Undeliverable. Mail sent to Bobby Eugene Newton. Reason for return: Return to Sender. Not Deliverable As Addressed. Unable to Forward. Document number 43 and 44. (SCANNED IMAGE IS BEST EFFORT). (HLA) |
| Filing 44 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed May 6, 2011, judgment is entered in favor of defendant and against plaintiff. Plaintiff to take nothing, and complaint and action are dismissed. (KMG) |
Filing 43
ORDER - The reference to the Magistrate Judge is withdrawn as to Defendants' Motion for Summary Judgment (Doc. 40). Defendants' Motion for Summary Judgment (Doc. 40) is granted. The Clerk of Court of must terminate this action and enter judgment accordingly. Any appeal from this Order would not be taken in good faith and Plaintiff would not be entitled to in forma pauperis status on appeal. See 28 U.S.C. 1915(a)(3); Federal Rule of Appellate Procedure 24(a)(3)(A). Signed by Judge Frederick J Martone on 5/6/11.(KMG)
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Filing 42
ORDER re #40 MOTION for Summary Judgment: IT IS THEREFORE ORDERED that Plaintiff shall have thirty (30) days from the date this Order is filed to file a response to Defendants motion for summary judgment, together with supporting affidavits or other appropriate exhibits and a separate statement of facts. IT IS FURTHER ORDERED that Defendant shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. (See document for further details). Signed by Magistrate Judge Mark E Aspey on 2/17/11. (LAD)
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| Filing 41 STATEMENT of Defendant Barendt's Statement of Facts In Support of Motion for Summary Judgment re #40 MOTION for Summary Judgment by Defendant Ryan Barendt. (Attachments: #1 Exhibit, #2 Exhibit)(Cloman, Courtney) |
| Filing 40 MOTION for Summary Judgment by Ryan Barendt. (Cloman, Courtney) |
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Filing 39
ORDER that Defendant Barendt's second motion #35 seeking an extension of the time allowed for expert witness disclosure is granted. Accordingly, IT IS ORDERED that the deadline set for disclosure of experts and their reports is hereby extended to September 29, 2010. Signed by Magistrate Judge Mark E Aspey on 9/28/10.(KMG)
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| Filing 38 NOTICE re Service of Second Supplemental Rule 26.1 Disclosure Statement by Ryan Barendt. (Tunstall, Eugenia) |
| Filing 37 NOTICE re Service of Rule 26(a)(2) Disclosure by Ryan Barendt. (Tunstall, Eugenia) |
| Filing 35 Second MOTION for Extension of Time for Expert Disclosure by Ryan Barendt. (Attachments: #1 Text of Proposed Order)(Tunstall, Eugenia) |
| Filing 36 Summons Returned Unexecuted by Bobby Eugene Newton as to Lars Peterson. (TLJ) |
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Filing 34
ORDER granting Defendant's #30 Motion for Extension of Time; Defendant shall have until 9/15/10 to disclose his expert witnesses and their reports. Signed by Magistrate Judge Mark E Aspey on 8/30/10.(REW)
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| Filing 33 NOTICE re Service of Requests for Admissions and Non-Uniform Interrogatory to Plaintiff by Ryan Barendt. (Tunstall, Eugenia) |
| Filing 32 NOTICE re Service re First Request of Production of Documents to Plaintiff by Ryan Barendt. (Cloman, Courtney) |
| Filing 31 NOTICE re Service of First Non-Uniform Interrogatory to Plaintiff by Ryan Barendt. (Cloman, Courtney) |
| Filing 30 MOTION for Extension of Time for Expert Disclosure by Ryan Barendt. (Attachments: #1 Text of Proposed Order)(Cloman, Courtney) |
| Filing 28 SEALED RESPONSE to Motion re #15 MOTION for Court's Assistance in Serving Dft Peterson pursuant to Court's May 20, 2010 Order to file Defendant Peterson's Last Known Address Under Seal (Doc. #20) filed by Ryan Barendt, Lars Peterson. (Tunstall, Eugenia) |
| Filing 27 Minute Order - Magistrate Judge Mark E. Aspey has been randomly drawn as the referral magistrate judge for the above action. Please note the case number is CV 09- 1892-PHX-FJM (MEA). (DMT) |
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Filing 26
ORDER, directing the Clerk of the Court to reassign this case to another magistrate judge, by random draw. Signed by Magistrate Judge Edward C Voss on 7/14/10. ( Magistrate Judge Mark E Aspey randomly drawn, added. Magistrate Judge Edward C Voss no longer assigned to case.) (DMT) Modified on 7/14/2010 (PAB).***REDISTRIBUTION-Notice of Electronic Filing regenerated on 7/14/10***
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Filing 25
ORDER granting #24 Motion to Substitute Attorney. Michele M. Iafrate, Courtney R. Cloman and Eugenia L. Tunstall of the firm Iafrate & Associates are substituted as counsel for Defendant Ryan Barendt in place of Stephen Craig. Signed by Magistrate Judge Edward C Voss on 7/13/10.(DMT)
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| Filing 24 MOTION to Substitute Attorney: for substitution of Michele M. Iafrate, Courtney R. Cloman, Eugenia L. Tunstall in place of Stephen J. Craig by Ryan Barendt. (Attachments: #1 Text of Proposed Order)(Cloman, Courtney) |
| Filing 23 Notice re Defendants' Notice of Mailing Response to Request for Production of Documents by Ryan Barendt, Lars Peterson re #18 Other Notice (Craig, Stephen) |
| Filing 22 Notice re Defendant's Notice of Filing First Supplemental Disclosure Statement by Ryan Barendt (Craig, Stephen) |
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Filing 21
ORDER - IT IS ORDERED that Pla's #14 Motion (Application) for Entry of Default is denied. Signed by Magistrate Judge Edward C Voss on 5/20/10. (SAT)
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Filing 20
ORDER - IT IS ORDERED that Pla's #15 Motion for Court's Assistance in Serving Defendant Peterson is granted. Within 10 days of the date this Order is filed, cnsl for Dfts shall provide Pla with a current work address for Dft Peterson if he is still employed by Phoenix Police. If Pla is provided with this information, he shall prepare and return a service packet to the Clerk of the Court. The Clerk of the Court is directed to send Pla a new service packet for Dft Peterson. Within 10 days of the date this Order is filed, cnsl for Dfts shall file under seal the last known home address for Dft Peterson if he is no longer employed by ADOC. 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 Dft Peterson. The time for completing service upon Dft Peterson shall be extended sixty (60) days from the date this Order is filed. Signed by Magistrate Judge Edward C Voss on 5/20/10. (SAT)
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| Filing 19 Notice re Defendants' Notice of Mailing Initial Disclosure Statement by Ryan Barendt, Lars Peterson (Craig, Stephen) |
| Filing 18 Notice of Service of Initial Disclosure and Discovery Requests by Bobby Eugene Newton. (ESL) |
| Filing 17 NOTICE of Change of Address by Bobby Eugene Newton. New address 8101 W. Lamar Rd. Apt. #13 Glendale, AZ 85303 (ESL) |
| Filing 16 RESPONSE to Motion re #14 MOTION for Entry of Default as to Ryan Barendt filed by Ryan Barendt. (Craig, Stephen) |
| Filing 15 MOTION for Court's Assistance in Serving Dft Peterson by Bobby Eugene Newton. (KMG) |
| Filing 14 MOTION for Entry of Default as to Ryan Barendt by Bobby Eugene Newton. (KMG) |
| Filing 13 NOTICE of Change of Address by Bobby Eugene Newton - 8108 W Lamar Rd., Apt #13, Glendale, AZ 85303 (KMG) |
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Filing 12
RULE 16 SCHEDULING AND DISCOVERY ORDER: Discovery due by 12/16/2010. Dispositive motions due by 2/16/2011. Proposed Pretrial Order due by 4/18/2011.. Signed by Magistrate Judge Edward C Voss on 4/12/10. (see order for full details)(DMT)
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| Filing 11 DEMAND for Trial by Jury by Ryan Barendt. (Craig, Stephen) |
| Filing 10 Defendant Ryan Barendt's ANSWER to #1 Complaint by Ryan Barendt.(Craig, Stephen) |
| Filing 9 WAIVER OF SERVICE Returned Executed Ryan Barendt waiver sent on 1/8/2010. (LSP) |
| Filing 8 Summons Returned Unexecuted as to Lars Peterson. (LSP) |
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Filing 7
ORDER Directing Monthly Payments be made from Prison Account of Bobby Eugene Newton. Signed by Judge Frederick J Martone on 12/18/09. (LSP)
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Filing 6
ORDER (Service Packet) - granting #3 Plaintiff's Application to Proceed In Forma Pauperis; Plaintiff must pay the $350.00 filing fee. Defendants Ryan Barendt and Lars Peterson must answer the Complaint. The Clerk must send Plaintiff a service packet including #1 Complaint, this Order, and both summons and request for waiver forms for Defendants Ryan Barendt and Lars Peterson. Plaintiff must complete and return the service packet to the Clerk of Court within 20 days of the date of filing of this Order. This matter is referred to Magistrate Judge Edward C. Voss pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings. Signed by Judge Frederick J Martone on 12/18/09. (LSP)
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| Filing 5 NOTICE of Change of Address by Bobby Eugene Newton. New address: #235624 ASPC-Lewis Red Unit 4-E-12-U PO Box 3500 Buckeye, AZ 85326. (ESL) |
| Filing 4 NOTICE of Change of Address by Bobby Eugene Newton #235624 to ASPC-Lewis-Buchman Unit, PO Box 3500 Buckeye, AZ 85326. (LSP) |
| Filing 3 APPLICATION (motion) for Leave to Proceed in forma pauperis by Bobby Eugene Newton. (ESL) |
| Filing 2 NOTICE OF ASSIGNMENT: (REK) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT, filed by Bobby Eugene Newton.(REK) |
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