Gawlik v. Arizona, State of et al
| Brian Gawlik |
| Delinda Hayes, Unknown Hayes, Arizona, State of, Arizona Department of Corrections, Jeffrey Annis, Unknown Annis, Unknown Duron, Unknown Spouse Duron, Unknown Barden, Unknown Spouse Barden, Ernest Trujillo, Unknown Trujillo, Edwin Lao, Unknown Lao, Unknown Halstead, Unknown Spouse Halstead, Unknown Waits, Unknown Spouse Waits, Arizona State Prison Complex, Florence and Unknown Parties |
| 2:2012cv01946 |
| September 13, 2012 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Pinal |
| Bridget S Bade (PS) |
| Robert C Broomfield |
| Prison Condition |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
43
ORDER - Defendant's Motion to Dismiss (Doc. 4 ) is granted in part and denied in part as follows: (a) The State is dismissed as to Count I; (b) Count II is dismissed; (c) Defendants Trujillo, Lao, Duran, Barden, Halstead, Waits, and Hayes are dismissed; (d) Claims for punitive damages against the State are dismissed; (e) Count VIII for false imprisonment is dismissed; (f) The individual Defendants are dismissed from Counts III through VII; (g) Defendant Curran is dismissed without prejud ice; and (h) The Motion is denied as to the claims for battery and intentional infliction of emotional distress and denied without prejudice as to exhaustion of remedies on the remaining federal claims. (3) Defendants Anniss Motion to Dismiss (Doc. [ 24]) is granted in part and denied in part as follows: (a) denied without prejudice as to dismissal for failure to exhaust administrative remedies; (b) granted as to dismissal of Count II, granted as to his dismissal from the state law claims. (4) The remaining claims are: (a) Count I against Annis for assault, pursuant to § 1983; and (b) Counts III through VII against the State of Arizona. Signed by Senior Judge Robert C Broomfield on 5/30/13. (LAD)
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Filing
38
ORDER granting 36 Stipulation and extending the deadline for Defendant Annis to file his reply in support of his Motion to Dismiss until April 24, 2013. Signed by Senior Judge Robert C Broomfield on 4/24/13. (LAD)
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Filing
15
ORDER - (1) The reference to the Magistrate Judge is withdrawn as to Defendants' Motion to Dismiss (Doc. 4). (2) Defendants' Motion to Dismiss (Doc. 4) is granted in part; all claims in Count I other than the claim for assault are dismiss ed without prejudice for failure to exhaust administrative remedies. (3) Within 15 days of the date of this Order, Defendants must file additional briefing with supporting documentation on the issue of exhaustion of administrative remedies on the assault claim in Count I and the claims in Count II. Plaintiff may file a response within 15 days of Defendants' additional briefing, and Defendants may file a reply within 10 days of Plaintiff's response. (4) The Clerk of Court must ensure that the docket reflects that the Motion to Dismiss (Doc. 4) is still pending. Signed by Senior Judge Robert C Broomfield on 1/31/13. (LAD)
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Filing
5
ORDER Defendants must answer the Complaint or otherwise respond by appropriate motion. This matter is referred to Magistrate Judge Bridget S. Bade. Signed by Senior Judge Robert C Broomfield on 10/24/12. (TLJ)
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