Lallande v. Penzone et al
| Thomas J Lallande, IV |
| Paul Penzone, Maricopa County Board of Supervisors, Unknown Croppack, Unknown Mendoza, Unknown Party, Rick Wilson, Unknown Houston, Unknown McGuffin, Unknown Allen, Bill Williams, Unknown Price, Unknown Laredo, Unknown Brand, Unknown Ontivero, Unknown Bandilla, Unknown Karas and Alexis Speegle |
| 2:2022cv00200 |
| February 7, 2022 |
| US District Court for the District of Arizona |
| Deborah M Fine (PS) |
| Susan M Brnovich |
| Deborah M Fine |
| Prisoner: Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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| Filing 85 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 84 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 10/12/2022 to Unknown Coppock. (REK) |
| Filing 83 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 82 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 9/22/2022 to Officer Speegle. (REK) |
| Filing 80 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Alexis Speegle, Rick Wilson. (Flaggman, Sherle) |
| Filing 81 SERVICE EXECUTED: USMS Process Receipt and Return re: Summons, Complaint, and Orders upon Unknown Officer A8348 on 11/02/2022. (REK) |
| Filing 79 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Alexis Speegle, Rick Wilson. (Flaggman, Sherle) |
| Filing 78 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Alexis Speegle, Rick Wilson. (Flaggman, Sherle) |
Filing 77
ORDER that the Court's September 28, 2022, Order to Show Cause is satisfied. Signed by Magistrate Judge Deborah M Fine on 10/14/2022. (REK)
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| Filing 76 RESPONSE TO ORDER TO SHOW CAUSE re: #68 Order by Plaintiff Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 75 NOTICE of Deposition of Thomas J. Lallande, IV, filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Alexis Speegle, Rick Wilson. (Flaggman, Sherle) |
| Filing 73 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Alexis Speegle, Rick Wilson. (Flaggman, Sherle) |
| Filing 74 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
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Filing 72
ORDER directing the Clerk of Court to correct Defendant Unknown Officer A8348 to Defendant Alexis Speegle, A8348. Signed by Magistrate Judge Deborah M Fine on 10/06/2022. (REK)
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| Filing 71 ANSWER to #1 Complaint with Jury Demand [DEFENDANT SPEEGLES ANSWER TO PLAINTIFFS COMPLAINT] by Alexis Speegle.(Flaggman, Sherle) |
| Filing 70 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Lane, Angela) |
| Filing 69 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (CLM) (3 pages) |
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Filing 68
ORDER that on or before October 28, 2022, Plaintiff shall provide a service packet with accurate name and service information as to Defendant Croppack and/or show cause in writing why Defendant Croppack should not be dismissed without prejudice from this action for failure to serve pursuant to Fed. R. Civ. P. 4(m) and LRCiv 16.2(b)(2)(B)(ii). Signed by Magistrate Judge Deborah M Fine on 9/28/2022. (REK)
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Filing 67
ORDER striking Plaintiff's First Request for Admissions #62 and Plaintiff's Second Request for Production of Documents #66 . IT IS FURTHER ORDERED that Plaintiff promptly file proper notices of service for any discovery requests and for any discovery responses he has served for which he has not yet filed a proper notice of service. Signed by Magistrate Judge Deborah M Fine on 9/28/2022. (REK)
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| Filing 66 *STRICKEN per Order #67 *Second REQUEST for Production of Documents to Defendants by Plaintiff Thomas J Lallande, IV. (3 Pages) (REK) Modified on 9/28/2022 (REK). |
| Filing 65 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 60 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
| Filing 64 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (4 Pages) (REK) |
| Filing 63 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 62 *STRICKEN per Order #67 *REQUEST for Admission by Plaintiff Thomas J Lallande, IV. (20 Pages) (REK) Modified on 9/28/2022 (REK). |
| Filing 61 RESPONSE TO ORDER TO SHOW CAUSE re: #49 Order to Show Cause by Plaintiff Thomas J Lallande, IV. (7 Pages) (REK) |
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Filing 59
ORDER (Service Packet) granting Plaintiff's Request for Service Packet #58 . The Clerk of Court shall send Plaintiff a service packet including the Complaint #1 , this Order, the Court's Orders at Docs. #6 and #52 , and both summons and request for waiver forms for Defendant Unknown Officer A8348 relating to this matter. Plaintiff must complete and return the service packet for Defendant Unknown Officer A8348 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 Complaint on Defendant Unknown Officer A8348 within 60 days of the filing of this Order, the action may be dismissed as to Defendant Unknown Officer A8348. Signed by Magistrate Judge Deborah M Fine on 9/09/2022. (REK)
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| Filing 58 MOTION for Service Packet by Thomas J Lallande, IV. (8 Pages) (REK) |
| Filing 57 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 56 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
| Filing 55 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 54 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
| Filing 53 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
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Filing 52
ORDER (Service Packet): IT IS ORDERED construing Plaintiff's Motion to Amend/Correct #50 in part as a motion to substitute Defendant Unknown Officer A8384 with Defendant Unknown Officer A8348 and hereby grants the substitution. The Clerk of Court must send Plaintiff a service packet including the Complaint #1 , this Court's Order at Doc. #6 , and both summons and request for waiver forms for Defendant Unknown Officer A8348. Plaintiff must complete and return the service packet for Defendant Unknown Officer A8348 to the Clerk 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 Complaint on Defendant Unknown Officer A8348 within 60 days of the filing of this Order, the action may be dismissed as to Defendant Unknown Officer A8348. IT IS FURTHER ORDERED otherwise denying without prejudice Plaintiff's Motion to Amend #50 . Signed by Magistrate Judge Deborah M Fine on 8/25/2022. (REK)
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| Filing 51 NOTICE by Thomas J Lallande, IV re: #50 MOTION to Amend/Correct #6 Order (Service Packet), Terminate Motions. (4 Pages) (REK) |
| Filing 50 MOTION to Amend/Correct #6 Order (Service Packet) by Thomas J Lallande, IV. (24 Pages) (REK) |
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Filing 49
ORDER TO SHOW CAUSE - IT IS ORDERED that on or before September 23, 2022, Plaintiff shall show cause in writing why Defendants A8384 and Croppack should not be dismissed without prejudice from this action for failure to serve pursuant to Fed. R. Civ. P. 4(m) and LRCiv 16.2(b)(2)(B)(ii). Signed by Magistrate Judge Deborah M Fine on 08/24/2022. (kj)
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Filing 48
ORDER striking Plaintiff's First Request for Admissions of Genuineness of Documents #41 . IT IS FURTHER ORDERED that for authorized court filings such as motions and briefing thereon, the certificate of service should be included as the last page(s) of the motion, response, reply, or other appropriate court filing rather than filed separately. Signed by Magistrate Judge Deborah M Fine on 8/22/2022. (REK)
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Filing 47
ORDER denying Plaintiff's Motion to Strike Defendants' Affirmative Defenses #27 . Signed by Magistrate Judge Deborah M Fine on 8/22/2022. (REK)
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| Filing 46 NOTICE/ Certificate of Service of Notice of Plaintiff's Motion to Strike Defendants' Affirmative Defenses by Thomas J Lallande, IV re: #28 Notice (Other). (3 Pages) (REK) |
| Filing 45 NOTICE/ Certificate of Service of Plaintiff's Motion to Strike Defendants' Affirmative Defenses by Thomas J Lallande, IV re: #27 MOTION to Strike. (3 Pages) (REK) |
| Filing 44 NOTICE of Service of Discovery (Plaintiff's Response to Defendants' First Request for Production of Documents to Plaintiff) filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 43 NOTICE of Service of Discovery (Plaintiff's First Request for Admission of Genuineness of Documents to Defendants) filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 42 NOTICE of Service of Discovery (Plaintiff's First Request for Production of Documents to Defendants) filed by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 41 *STRICKEN per Order #48 *REQUEST for Admissions by Plaintiff Thomas J Lallande, IV. (20 Pages) (Attachments: #1 Part 2) (REK) Modified on 8/22/2022 (REK). |
| Filing 40 NOTICE of Service of Discovery filed by Thomas J Lallande, IV. (2 Pages) (REK) |
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Filing 39
ORDER denying without prejudice Plaintiff's Motion to Correct Clerical Errors #26 . Signed by Magistrate Judge Deborah M Fine on 8/10/2022. (REK)
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Filing 38
ORDER striking Plaintiff's "First Request for Production of Documents to Defendant's" #34 and Plaintiff's "Response to Def. First Request for Production of Documents to Plaintiff" #35 . IT IS FURTHER ORDERED that Plaintiff promptly file proper notices of service for any discovery requests and for any discovery responses he has served. Signed by Magistrate Judge Deborah M Fine on 8/08/2022. (REK)
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Filing 37
ORDER denying without prejudice Plaintiff's motion to amend/correct complaint #30 and Plaintiff's motion for leave to file a supplemental complaint #31 . Signed by Magistrate Judge Deborah M Fine on 8/08/2022. (REK)
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| Filing 36 REPLY to Response to Motion re: #30 MOTION to Amend/Correct #1 Complaint and #31 MOTION for Leave to File Supplemental Complaint filed by Thomas J Lallande, IV. (3 Pages) (REK) Modified on 8/5/2022 to add #31 (RMW). |
| Filing 35 *STRICKEN per Order #38 *RESPONSE to Defendants' First Request for Production of Documents to Plaintiff by Plaintiff Thomas J Lallande, IV. (4 Pages) (REK) Modified on 8/8/2022 (REK). |
| Filing 34 *STRICKEN per Order #38 *REQUEST for Production of Documents by Plaintiff Thomas J Lallande, IV. (3 Pages) (REK) Modified on 8/8/2022 (REK). |
| Filing 33 RESPONSE to Motion re: #27 MOTION to Strike [DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO STRIKE DEFENDANTS AFFIRMATIVE DEFENSES] filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
| Filing 32 RESPONSE in Opposition re: #31 MOTION for Leave to File Supplemental Complaint, #30 MOTION to Amend/Correct #1 Complaint [DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO AMEND COMPLAINT BY ADDING DEFENDANT (DOC. 30) AND MOTION FOR LEAVE TO FILE SUPPLEMENTAL COMPLAINT (DOC. 31)] filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
| Filing 29 NOTICE of Service of Discovery filed by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson. (Flaggman, Sherle) |
| Filing 31 NOTICE of Motion and MOTION for Leave to File Supplemental Complaint by Thomas J Lallande, IV. (6 Pages) (REK) |
| Filing 30 NOTICE of Motion and MOTION to Amend/Correct #1 Complaint by Thomas J Lallande, IV. (5 Pages) (REK) |
| Filing 28 NOTICE by Thomas J Lallande, IV re: #27 MOTION to Strike. (2 Pages) (REK) |
| Filing 27 MOTION to Strike Defendant's Affirmative Defenses by Thomas J Lallande, IV. (6 Pages) (REK) |
| Filing 26 MOTION to Correct Clerical Errors by Thomas J Lallande, IV. (2 pages) (WLP) |
| Filing 25 NOTICE by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone, Rick Wilson re: #20 Order,, [NOTICE TO COURT PURSUANT TO ORDER (DOC. 20)]. (Flaggman, Sherle) |
| Filing 24 *ANSWER to #1 Complaint with Jury Demand by Rick Wilson.(Flaggman, Sherle) *Modified to correct filer on 6/16/2022 (REK). |
| Filing 23 NOTICE re: DEFENDANT WILSON'S WAIVER OF SERVICE PURSUANT TO DOC. 21 by Unknown Houston, Unknown Karas, Unknown Mendoza, Paul Penzone . (Flaggman, Sherle) |
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Filing 22
SCHEDULING AND DISCOVERY ORDER: Discovery due by 11/10/2022. Dispositive motions due by 12/12/2022. Proposed Pretrial Order due by 4/25/2023. IT IS FURTHER ORDERED that the Clerk of the Court shall correct Defendant Unknown Party named as Lt. Unknown, A7994 to Unknown Karas, Lt. A7994. See document for further details. Signed by Magistrate Judge Deborah M Fine on 6/14/2022. (REK)
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Filing 21
ORDER that within seven (7) days from the date of this Order, Defendants shall advise this Court regarding Defendant Wilson's waiver of service in this matter, and if Defendant Wilson has been served in this matter, Defendant Wilson shall file an answer to Plaintiff's Complaint within seven (7) days from the date of this Order. Signed by Magistrate Judge Deborah M Fine on 6/14/2022. (REK)
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Filing 20
ORDER: Within ten (10) days from the date this Order is filed, Defendants shall file UNDER SEAL Defendant A8384 name (if can be discerned) and last known home address as well as Defendant Croppack's last known home address. Upon receipt of that information, the Clerk of the Court shall prepare and send to the U.S. Marshal service packets for service of the Summons and Complaint upon Defendants A8384 and Croppack. The time for completing service shall be extended sixty (60) days from the date this Order is filed. Signed by Magistrate Judge Deborah M Fine on 6/14/2022. (REK)
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| Filing 19 ANSWER to #1 Complaint with Jury Demand [DEFENDANTS PENZONE, MENDOZA, KARAS AND HOUSTONS ANSWER TO PLAINTIFFS COMPLAINT] by Unknown Houston, Unknown Mendoza, Paul Penzone.(Flaggman, Sherle) |
| Filing 18 SERVICE EXECUTED filed by Thomas J Lallande, IV: Rule 4 Waiver of Service of Summons. Waiver sent on 4/15/2022 to Rick Wilson. (REK) |
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Filing 17
ORDER denying as premature and moot Plaintiff's Request for Default Judgment #15 as stated herein. Signed by Magistrate Judge Deborah M Fine on 5/25/2022. (REK)
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| Filing 16 DECLARATION re: #15 MOTION for Default Judgment by Plaintiff Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 15 MOTION for Default Judgment by Thomas J Lallande, IV. (3 Pages) (REK) |
| Filing 14 Service Returned Unexecuted: Summons/Complaint/Order as to Rick Wilson. (LAD) |
| Filing 13 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 4/15/2022 to Sgt. Unknown Houston, A1161. (LAD) |
| Filing 12 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 4/15/2022 to Unknown Lt. A7994. (LAD) |
| Filing 11 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 4/15/2022 to Paul Penzone, Sheriff. (LAD) |
| Filing 10 Service Returned Unexecuted: Summons/Complaint/Order as to Lt. Unknown Croppack, B1817. (LAD) |
| Filing 9 *Service Returned Unexecuted: Summons/Complaint/Order as to Unknown Detention Officer A8384. (LAD) *Modified to correct file date on 5/12/2022 (LAD). |
| Filing 8 SERVICE EXECUTED: Rule 4 Waiver of Service of Summons. Waiver sent on 4/15/2022 to Sgt. Unknown Mendoza. (LAD) |
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Filing 7
ORDER Directing Monthly Payments be made from Prison Account of Thomas J. Lallande, IV. Signed by Judge Susan M Brnovich on 3/21/2022. (REK)
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Filing 6
ORDER (Service Packet): Plaintiff's Application to Proceed In Forma Pauperis #2 is granted. Plaintiff's Motion to Submit Supplemental Pleading #5 is granted to the extent the Court has taken into consideration the additional facts alleged in the Motion, and denied with respect to all other relief requested. The portions of Count One regarding late meals, vermin, and spoiled food, and Counts Two, Three, and Four are dismissed without prejudice. Defendants Maricopa County Board of Supervisors, McGuffin, Allen, Williams, Price, Laredo, Brand, Ontivero, Bandilla, and Unknown B4627 are dismissed without prejudice. Defendants Penzone, A8384, Mendoza, Houston, Wilson, Croppack, and A7994 must answer the portion of Count One regarding inadequate food. Defendant Penzone must answer in his official capacity; Defendants A8384, Mendoza, Houston, Wilson, Croppack, and A7994 must answer in their individual capacities. The Clerk of Court must send Plaintiff a service packet including the Complaint #1 , this Order, and both summons and request for waiver forms for Defendants Penzone, A8384, Mendoza, Houston, Wilson, Croppack, and A7994. 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 Complaint on a Defendant within 90 days of the filing of the 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 Deborah M. Fine 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 Susan M Brnovich on 3/21/2022. (REK)
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| Filing 5 MOTION for Leave to File Supplemental Pleading by Thomas J Lallande, IV (4 pages). (DXD) |
| Filing 4 NOTICE OF ASSIGNMENT (LAD) |
| Filing 3 Prisoner Trust Fund Account Statement by Thomas J Lallande, IV. (LAD) (1 page) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Thomas J Lallande, IV. (LAD) (3 pages) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT filed by Thomas J Lallande, IV. (Attachments: #1 Part 2, #2 Envelope)(LAD) (22 pages) |
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