Sernas v. Cantrell et al
| Adam Bernard Sernas |
| Unknown Palmer, Unknown Baker, Unknown Cantrell, Unknown Galvan, Unknown Gonzalez, Unknown Collars, Unknown Willis and Unknown Jimenez |
| 2:2019cv00730 |
| February 4, 2019 |
| US District Court for the District of Arizona |
| Eileen S Willett (PS) |
| Diane J Humetewa |
| Eileen S Willett |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 70 NOTICE of Service of Discovery filed by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Polson, Adam) |
| Filing 69 NOTICE of Service of Discovery filed by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Polson, Adam) |
| Filing 68 NOTICE of Service of Discovery filed by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Polson, Adam) |
Filing 67
ORDER granting the parties' Stipulation to Extend Case Management Deadlines #66 . All Discovery due by 9/30/2022 and Dispositive Motions due by 1/31/2023. The remainder of the Rule 16 Case Management Order #41 and amendments thereto (Docs. #47 , #52 , #55 ) if applicable, are affirmed. Signed by Magistrate Judge Eileen S Willett on 7/06/2022. (REK)
|
| Filing 66 STIPULATION TO EXTEND CASE DEADLINES by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Attachments: #1 Proposed Order Order)(Polson, Adam) |
|
Filing 65
ORDER granting the Application to Withdraw #64 . IT IS FURTHER ORDERED that Lucy M. Rand is withdrawn as counsel for Defendants. Signed by Magistrate Judge Eileen S Willett on 6/24/2022. (REK)
|
| Filing 64 MOTION to Withdraw as Attorney (Attorney General's Office Only) by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Attachments: #1 Proposed Order Order)(Polson, Adam) |
| Filing 63 NOTICE of Service of Discovery filed by Adam Bernard Sernas. (Przybylinski, Erin) |
| Filing 62 *NOTICE of Service of Discovery filed by Unknown Cantrell. (Rand, Lucy) *Modified to correct filer on 6/17/2022 (REK). |
| Filing 61 NOTICE of Appearance by Adam S Polson on behalf of Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Polson, Adam) |
| Filing 60 NOTICE of Attorney Substitution by Erin Cathleen Przybylinski. (Przybylinski, Erin) |
| Filing 59 NOTICE of Deposition of Defendant Collars, filed by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 58 NOTICE of Attorney Substitution by Lucy Marie Rand. (Rand, Lucy) |
| Filing 57 NOTICE of Service of Discovery filed by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 56 NOTICE of Service of Discovery filed by Adam Bernard Sernas. (Eidenbach, Kirstin) |
|
Filing 55
ORDER - IT IS ORDERED granting the Second Stipulation to Extend Lay Deposition and Fact Discovery Deadline (Doc. #54 ). IT IS FURTHER ORDERED extending deadlines as follows: Lay depositions June 24, 2022; All Discovery July 1, 2022. The remainder of the Rule 16 Case Management Order (Doc. #41 ) is affirmed. Signed by Magistrate Judge Eileen S Willett on 5/11/2022. (LAD)
|
| Filing 54 STIPULATION to Extend Lay Deposition and Fact Discovery Deadline (Second) by Adam Bernard Sernas. (Attachments: #1 Proposed Order)(Eidenbach, Kirstin) |
| Filing 53 NOTICE of Service of Discovery filed by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Gottfried, Michael) |
|
Filing 52
ORDER - IT IS ORDERED granting the Stipulation to Extend All Deadlines Other Than Lay Depositions and Written Discovery (Doc. #50 ). Dispositive motions deadline extended to 10/31/2022. (See document for further details). Signed by Magistrate Judge Eileen S Willett on 4/18/2022. (LAD)
|
| Filing 51 SUPPLEMENT SUPPLEMENTAL SUGGESTION OF DEATH UPON THE RECORD PURSUANT TO RULE 25(a) (1) re: #49 Notice (Other) by Defendants Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Attachments: #1 Exhibit A)(Gottfried, Michael) |
| Filing 50 STIPULATION to Extend All Deadlines Other Than Lay Depositions and Written Discovery by Adam Bernard Sernas. (Attachments: #1 Proposed Order)(Eidenbach, Kirstin) |
| Filing 49 *NOTICE re: NOTICE OF SUGGESTION OF DEATH by Cantrell, Unknown Collars. (Gottfried, Michael) *Modified filers on 4/4/2022 (WLP). |
| Filing 48 *NOTICE of Service of Discovery filed by Unknown Cantrell, Unknown Collars. (Boyle, Patrick) *Modified filers on 4/4/2022 (WLP). |
|
Filing 47
ORDER granting the Stipulation to Extend Lay Deposition and Fact Discovery Deadline #46 . Lay depositions due May 10, 2022 and all discovery due May 17, 2022. The remainder of the Rule 16 Case Management Order #41 is affirmed. Signed by Magistrate Judge Eileen S Willett on 3/03/2022. (REK)
|
| Filing 46 STIPULATION to Extend Lay Deposition and Fact Discovery Deadlines by Adam Bernard Sernas. (Attachments: #1 Proposed Order)(Eidenbach, Kirstin) |
| Filing 45 NOTICE of Service of Discovery filed by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 44 NOTICE of Service of Discovery filed by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 43 NOTICE of Service of Discovery filed by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Gottfried, Michael) |
| Filing 42 NOTICE of Service of Discovery filed by Adam Bernard Sernas. (Eidenbach, Kirstin) |
|
Filing 41
CASE MANAGEMENT ORDER: Discovery due by 3/18/22. Dispositive motions due by 8/31/22. IT IS ORDERED vacating Rule 16 Case Management Conference set for 11/19/21. See order for complete details. Signed by Magistrate Judge Eileen S. Willett on 11/8/21. (NKS)
|
| Filing 40 REPORT of Rule 26(f) Planning Meeting by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Attachments: #1 Proposed Order)(Gottfried, Michael) |
|
Filing 39
ORDER SETTING TELEPHONIC RULE 16 CASE MANAGEMENT CONFERENCE: Telephonic Rule 16 Case Management Conference set for 11/19/2021 at 10:30 AM before Magistrate Judge Eileen S Willett. See document for further details. Signed by Magistrate Judge Eileen S Willett on 9/30/2021. (REK)
|
| Filing 38 ANSWER to #18 Amended Complaint with Jury Demand by Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan.(Gottfried, Michael) |
| Filing 37 SERVICE EXECUTED filed by Adam Bernard Sernas: Affidavit of Service re: Third Amended Complaint, Summons, Order upon Charles Galvan on 08/30/2021. (Eidenbach, Kirstin) |
| Filing 36 SERVICE EXECUTED filed by Adam Bernard Sernas: Affidavit of Service re: Third Amended Complaint, Summons, Order upon Deputy Warden Cantrell on 09/07/2021. (Eidenbach, Kirstin) |
| Filing 35 SERVICE EXECUTED filed by Adam Bernard Sernas: Affidavit of Service re: Third Amended Complaint, Summons, Order upon Captain Baker on 08/30/2021. (Eidenbach, Kirstin) |
|
Filing 34
ORDER granting Plaintiff's Motion #32 . The deadline to serve all Defendants is extended to September 17, 2021. Signed by Magistrate Judge Eileen S Willett on 8/25/2021. (REK)
|
| Filing 33 SERVICE EXECUTED filed by Adam Bernard Sernas: Affidavit of Service re: Third Amended Complaint, Summons and Order upon Lisa Collars on 08/20/2021. (Eidenbach, Kirstin) |
| Filing 32 MOTION for Extension of Time To Serve Defendants by Adam Bernard Sernas. (Attachments: #1 Proposed Order)(Eidenbach, Kirstin) |
| Filing 31 Summons Issued as to Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 30 SUMMONS Submitted by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 29 SUMMONS Submitted by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 28 SUMMONS Submitted by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 27 SUMMONS Submitted by Adam Bernard Sernas. (Eidenbach, Kirstin) |
| Filing 26 NOTICE of Appearance by Kirstin T Eidenbach on behalf of Adam Bernard Sernas. (Eidenbach, Kirstin) |
|
Filing 25
ORDER (Service Packet): Defendants Palmer, Gonzalez, Willis, and Jimenez are dismissed. The Clerk of Court must send Plaintiff a service packet including the Third Amended Complaint #18 , this Order, and both summons and request for waiver forms for Defendants Cantrell, Galvan, Baker, and Collars. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The United States Marshal will not provide service of process if Plaintiff fails to comply with this Order. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Third Amended Complaint on a Defendant within 90 days of the filing of the Third Amended Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. This matter is referred to Magistrate Judge Eileen S. Willett 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. 636(b)(1). Signed by Judge Diane J Humetewa on 6/23/2021. (REK)
|
| Filing 24 MANDATE of USCA Affirming in part, Reversed in part and Remanding District Court decision re: 19-17610 as to #20 Notice of Appeal. (Attachments: #1 Memorandum)(DXD) |
|
Filing 22
ORDER of USCA: Appellant has been granted leave to proceed in forma pauperis in this appeal and has completed and filed the required authorization form directing the appropriate prison officials to assess, collect, and forward to the district court the filing and docketing fees for this appeal, re: 19-17610 #20 Notice of Appeal filed by Adam Bernard Sernas. (Copies sent by the Ninth Circuit) (EJA)
|
| Filing 21 USCA Case Number re: #20 Notice of Appeal. Case number 19-17610, Ninth Circuit. (GMP) |
| Filing 20 NOTICE OF APPEAL to 9th Circuit Court of Appeals re: #19 Clerks Judgment by Adam Bernard Sernas. (1 page) (EJA) |
| Filing 19 CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed December 17, 2019, Plaintiff to take nothing, and the complaint and action are dismissed with prejudice for failure to state a claim. This dismissal may count as a "strike" under 28 U.S.C. 1915(g). (EJA) |
| Filing 18 Third AMENDED COMPLAINT against Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan, Unknown Gonzalez, Unknown Jimenez, Unknown Palmer, Unknown Willis filed by Adam Bernard Sernas. (16 pages) (EJA) |
|
Filing 17
ORDER: Plaintiff's Notice of Errata and Request for Reinstatement (Doc. #16 ) is granted. The Clerk of Court must vacate the December 4, 2019 Judgment (Doc. #15 ). The Clerk of Court must separately file the Third Amended Complaint attached to the Notice of Errata and Request for Reinstatement (Doc. #16 at 8-23). The Third Amended Complaint and this action are dismissed for failure to state a claim, and the Clerk of Court must enter judgment accordingly. The Clerk of Court must make an entry on the docket stating that the dismissal for failure to state a claim may count as a "strike" under 28 U.S.C. 1915(g). The docket shall reflect that the Court, pursuant to 28 U.S.C. 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), has considered whether an appeal of this decision would be taken in good faith and finds Plaintiff may appeal in forma pauperis. Signed by Judge Diane J Humetewa on 12/17/19. (EJA)
|
| Filing 16 Notice of Errata and MOTION for Reinstatement of Prisoner Complaint by Adam Bernard Sernas. (23 pages) (EJA) |
| Filing 15 *VACATED by (Doc. #17 ) CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed October 17, 2019, Plaintiff to take nothing, and the complaint and action are dismissed without prejudice. (EJA) Modified on 12/17/2019 (EJA). |
|
Filing 14
ORDER: The Second Amended Complaint (Doc. #13 ) is dismissed for failure comply with Rule 3.4 of the Local Rules of Civil Procedure. Plaintiff has 30 days from the date this Order is filed to file a third amended complaint in compliance with this Order. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal without prejudice and deny any pending unrelated motions as moot. Signed by Judge Diane J Humetewa on 10/17/19. (EJA)
|
| Filing 13 Second AMENDED COMPLAINT against Unknown Baker, Unknown Cantrell, Unknown Collars, Unknown Galvan, Unknown Gonzalez, Unknown Jimenez, Unknown Palmer, Unknown Willis filed by Adam Bernard Sernas. (17 pages) (REK) |
|
Filing 12
ORDER: The First Amended Complaint (Doc. #11 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a second amended complaint in compliance with this Order. If Plaintiff fails to comply, the Clerk of Court must enter a judgment of dismissal with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. 1915 (g) and deny any pending unrelated motions as moot. Plaintiff's Motion for Appointment of Counsel (Doc. #10 ) is denied without prejudice. Signed by Judge Diane J Humetewa on 9/5/19. (EJA)
|
| Filing 11 AMENDED COMPLAINT against All Defendants filed by Adam Bernard Sernas. (11 pages) (EJA) |
| Filing 10 MOTION to Appoint Counsel by Adam Bernard Sernas. (2 pages) (EJA) |
|
Filing 9
ORDER - IT IS ORDERED: Plaintiff's "Notice of Erratum and Request for Reinstatement of Prisoner Complaint" (Doc. #8 ) is construed as a Motion to Alter or Amend a Judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. So construed, the Motion is granted. The Clerk of Court must vacate the June 24, 2019 Judgment (Doc. #7 ) and reopen this case. Plaintiff has 30 days from the filing date of this Order to file an amended complaint in compliance with the May 1, 2019 Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. 1915(g) and deny any pending unrelated motions as moot. (See document for complete details). Signed by Judge Diane J Humetewa on 7/30/19. (SLQ)
|
| Filing 8 MOTION for Reconsideration (Titled as "Notice of Errata and Request for Reinstatement of Prisoner Complaint") by Adam Bernard Sernas. (4 pages) (GMP) |
| Filing 7 *VACATED by #9 * CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed May 1, 2019, Plaintiff to take nothing, and the complaint and action are dismissed with prejudice for failure to state a claim. This dismissal may count as a "strike" under 28 U.S.C. 1915(g). (SST) Modified on 7/30/2019 (SLQ). |
|
Filing 6
ORDER Directing Monthly Payments be made from Prison Account of Adam Bernard Sernas. Signed by Judge Diane J Humetewa on 5/01/2019. (REK)
|
|
Filing 5
ORDER: Plaintiff's Application to Proceed In Forma Pauperis #2 is granted. The Complaint #1 is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint within 30 days, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. 1915(g) and deny any pending unrelated motions as moot. Signed by Judge Diane J Humetewa on 5/01/2019. (REK)
|
| Filing 4 NOTICE OF ASSIGNMENT (SST) |
| Filing 3 Prisoner Trust Fund Account Statement by Adam Bernard Sernas. (SST) (8 pages) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Adam Bernard Sernas. (SST) (2 pages) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Adam Bernard Sernas. (Attachments: #1 Envelope)(SST) (7 pages) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
