Giambalvo v. Tempe, City of et al
| Gabriela Giambalvo |
| Tempe, City of, Anthony Nardini and Unknown Parties |
| 2:2022cv01856 |
| October 29, 2022 |
| US District Court for the District of Arizona |
| James F Metcalf (PS) |
| Susan M Brnovich |
| James F Metcalf |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 58 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
Filing 57
ORDER - All parties and, if represented, their counsel, shall telephonically appear before United States Magistrate Judge Camille Bibles on February 7, 2024, at 1:15 p.m. The parties will be provided call-in instructions via email. Additionally, counsel for the parties shall participate in a very brief conference call with the settlement judge on Tuesday, January 23, 2024, at 12:00 p.m., at which time counsel and the settlement judge will address procedural matters to facilitate the Settlement Conference. Counsel will be provided call-in instructions via email. See document for complete details. Signed by Magistrate Judge Camille D Bibles on 11/6/2023. (WLP)
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| Filing 56 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) |
| Filing 55 Amended NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) Modified text on 11/3/2023 (WLP). |
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Filing 54
ORDER granting #52 Motion to Extend. Dispositive motions due by February 26, 2024. In all other respects, the Initial Scheduling Order filed December 16, 2022 (Doc. #11 ) remain in effect. See document for complete deadlines and details. Signed by Magistrate Judge James F Metcalf on 10/31/2023. (WLP)
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Filing 53
ORDER that this case is referred by random lot to United States Magistrate Judge Camille D. Bibles for the purposes of conducting a settlement conference. The reference of the case for all other pretrial matters shall otherwise remain with U.S. Magistrate Judge Metcalf. IT IS FURTHER ORDERED that the parties shall contact the chambers of U.S. Magistrate Judge Bibles within fourteen days of the filing of this Order to schedule a settlement conference. Signed by Judge Susan M. Brnovich on 10/31/2023. (ESG)
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| Filing 52 STIPULATION to Extend Plaintiff's Expert Report Deadline by Gabriela Giambalvo. (Attachments: #1 Proposed Order)(Richards, William) |
| Filing 51 REPORT of Settlement Talks/Discussions Joint Settlement Report by Gabriela Giambalvo. (Richards, William) |
| Filing 50 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) |
| Filing 49 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Rozynski, Andrew) |
| Filing 48 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) |
| Filing 47 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
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Filing 46
ORDER: The Parties' Stipulation to Extend (Doc. #45 ) is GRANTED. Dispositive motions due by 2/26/2024. Pretrial Motions due by 3/4/2024. See Order for complete details. Signed by Magistrate Judge James F Metcalf on 8/28/2023. (KJ)
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| Filing 45 STIPULATION re: #36 Order on Stipulation by Gabriela Giambalvo. (Attachments: #1 Proposed Order) (Richards, William) |
| Filing 44 NOTICE of Party Dismissal by Gabriela Giambalvo. Party Unknown Parties (named as Doe Defendants 1-10) terminated. (Richards, William) |
| Filing 43 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) |
| Filing 42 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
| Filing 41 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
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Filing 40
ORDER - Plaintiff has 14 days from the filing of this Order to file either: (1) a response to this Order showing cause why Defendants Unknown Parties Doe Defendants 1-10 should not be dismissed without prejudice for failure to effect timely service; or (2) a notice of dismissal of such defendants pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). Defendants have seven days from the service of any such response to reply thereto. See document for complete details. Signed by Magistrate Judge James F Metcalf on 8/9/2023. (WLP)
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| Filing 39 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Anchors, Sarah) |
| Filing 38 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of, Unknown Parties. (Mansfield, Matthew) |
| Filing 37 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
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Filing 36
ORDER granting #35 Amended Stipulation to Amend Schedule. Discovery due by 9/29/2023. Dispositive motions due by 2/5/2023. Plaintiff has through July 31, 2023 to complete service on Defendants Unknown Parties. See document for complete deadlines and details. Signed by Magistrate Judge James F Metcalf on 6/8/2023. (WLP)
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| Filing 35 First Amended STIPULATION re: #33 Order by Anthony Nardini, Tempe, City of. (Attachments: #1 Proposed Order)(Mansfield, Matthew) Modified text on 6/8/2023 (WLP). |
| Filing 34 NOTICE by Anthony Nardini, Tempe, City of re: #33 Order . (Attachments: #1 Exhibit 1)(Mansfield, Matthew) |
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Filing 33
ORDER - Defendants have through June 13, 2023 to file a written consent of Plaintiff to the filing of the Amended Answer (Doc. #30 ). Defendants have through June 13, 2023 to file a joinder to the Stipulation to Amend Schedule (Doc. #31 ) signed by Plaintiff, or an amended stipulation to amend schedule. See document for complete details. Signed by Magistrate Judge James F Metcalf on 6/7/2023. (WLP)
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| Filing 32 NOTICE TO FILER OF DEFICIENCY re: #30 Amended Answer to Complaint filed by Anthony Nardini, Tempe, City of. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Sarah R. Anchors but submitted using the log-in and password belonging to attorney Matthew J. Mansfield. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 31 STIPULATION re: #15 Scheduling Order by Anthony Nardini, Tempe, City of. (Attachments: #1 Proposed Order)(Mansfield, Matthew) |
| Filing 30 AMENDED ANSWER to #1 Complaint by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
| Filing 29 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Anthony Nardini, Tempe, City of . (Attachments: #1 Exhibit Exhibit 1)(Mansfield, Matthew) |
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Filing 28
ORDER granting #22 Motion for Extension of Time. Plaintiff has through June 26, 2023 to complete service on Defendants Unknown Parties. Signed by Magistrate Judge James F Metcalf on 6/1/2023. (WLP)
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| Filing 27 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
| Filing 26 REPLY to Response to Motion re: #22 First MOTION for Extension of Time Service on Doe Defendants filed by Gabriela Giambalvo. (Richards, William) |
| Filing 25 RESPONSE to Motion re: #22 First MOTION for Extension of Time Service on Doe Defendants filed by Anthony Nardini, Tempe, City of. (Mansfield, Matthew) |
| Filing 24 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) |
| Filing 23 Additional Attachments to Main Document re: #22 First MOTION for Extension of Time Service on Doe Defendants by Plaintiff Gabriela Giambalvo. (Attachments: #1 Exhibit, #2 Exhibit)(Richards, William) |
| Filing 22 First MOTION for Extension of Time Service on Doe Defendants by Gabriela Giambalvo. (Attachments: #1 Proposed Order)(Richards, William) |
| Filing 21 NOTICE of Attorney Withdrawal of Natalya Ter-Grigoryan filed by William August Richards. (Richards, William) |
| Filing 20 NOTICE re: Dissociation of Counsel Within Firm by Gabriela Giambalvo . (Richards, William) |
| Filing 19 NOTICE TO FILER OF DEFICIENCY re: #17 Notice of Service of Discovery filed by Gabriela Giambalvo. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Natalya Ter-Grigoryan but submitted using the log-in and password belonging to attorney William A. Richards. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 18 NOTICE TO FILER OF DEFICIENCY re: #16 Notice of Service of Discovery filed by Anthony Nardini, Tempe, City of. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Matthew J. Mansfield but submitted using the log-in and password belonging to attorney Sarah R. Anchors. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 17 NOTICE of Service of Discovery filed by Gabriela Giambalvo. (Richards, William) |
| Filing 16 NOTICE of Service of Discovery filed by Anthony Nardini, Tempe, City of. (Anchors, Sarah) |
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Filing 15
PRELIMINARY SCHEDULING ORDER: In lieu of the presumptive discovery cut-off deadline, all requests for discovery must be served by August 16, 2023. All dispositive motions, e.g. motions to dismiss, motions for summary judgment, etc., must be filed by October 19, 2023. In all other respects, the Initial Scheduling Order filed December 16, 2022 (Doc. #11 ) remain in effect. Plaintiff has through April 27, 2023 to complete service on Defendants Unknown Parties. See document for complete deadlines and details. Signed by Magistrate Judge James F Metcalf on 2/3/2023. (WLP)
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| Filing 14 MINUTE ENTRY for proceedings held before Magistrate Judge James F Metcalf: Scheduling Conference held on 2/2/2023. The parties appeared with counsel for a preliminary scheduling conference. The Court and parties discuss the schedule and time for completion of service. Written order amending schedule to follow. APPEARANCES: Telephonic appearance by Natalya Ter-Grigoryan for Plaintiff. Telephonic appearance by Matthew Mansfield and Sarah Anchors for Defendant. (Recorded by COURTSMART.) Hearing held 10:04 AM to 10:11 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MM) |
| Filing 13 REPORT of Joint Case Management Report by Plaintiff Gabriela Giambalvo. (Richards, William) |
| Filing 12 NOTICE of Attorney Substitution by Sarah Roshanne Anchors. (Anchors, Sarah) |
| Remark: Pro hac vice motion(s) granted for Andrew Rozynski on behalf of Plaintiff Gabriela Giambalvo. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 11
ORDER - This case has been referred to the undersigned for pretrial proceedings. Plaintiff is represented and this case is designated a Standard Track action and is governed by Local Rule of Civil Procedure 16.2(b)(3). It appears Plaintiff's Unknown Defendants have not been served. Pursuant to the Service Order (Doc. #4 ), Plaintiff has through January 27, 2023 to complete service (90 days from date of Complaint). The parties must file their Joint Case Management Report/Discovery Plan upon the earlier of 14 days from the parties' planning conference or January 20, 2023. This matter is set for a telephonic preliminary scheduling conference as follows: on Thursday, February 2, 2023 at 10:00 a.m. before the Honorable James F. Metcalf. In lieu of the presumptive discovery cut-off deadline, all requests for discovery must be served by June 16, 2023. All dispositive motions, e.g. motions to dismiss, motions for summary judgment, etc., must be filed by August 18, 2023. See document for complete deadlines and details. Signed by Magistrate Judge James F Metcalf on 12/16/2022. (WLP)
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| Filing 10 ANSWER to #1 Complaint by Anthony Nardini, Tempe, City of.(Anchors, Sarah) |
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Filing 9
ORDER - Defendants' Motion to Extend (Doc. #8 ) is GRANTED. Defendants City of Tempe and Nardini have through December 16, 2022 to respond to the Complaint. See document for complete details. Signed by Magistrate Judge James F Metcalf on 11/18/2022. (WLP)
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| Filing 8 MOTION for Extension of Time to File Answer re: #1 Complaint by Anthony Nardini, Tempe, City of. (Attachments: #1 Proposed Order)(Anchors, Sarah) |
| Filing 7 SERVICE EXECUTED filed by Gabriela Giambalvo: Acceptance of Service re: Complaint upon Anthony Nardini on 11-14-2022. (Richards, William) |
| Filing 6 SERVICE EXECUTED filed by Gabriela Giambalvo: Certificate of Service re: Complaint upon City of Tempe on 11-9-2022. (Richards, William) |
| Filing 5 Summons Issued as to Anthony Nardini, Tempe, City of. (WLP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
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Filing 4
ORDER - Plaintiff must either serve each Defendant in compliance with the applicable rules of the Federal Rules of Civil Procedure, and the Local Rules of this Court, or seek a waiver of service from each Defendant. If Plaintiff does not 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. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). Defendants must answer the Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. This matter is referred to Magistrate Judge James F. Metcalf 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) and is assigned to the standard track pursuant to Rule 16.2(b)(3) of the Local Rules of Civil Procedure. If properly completed, the Clerk of Court must issue the proposed Summons filed at Doc. #3 . Signed by Judge Susan M Brnovich on 11/7/2022. (WLP)
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| Filing 3 SUMMONS Submitted by Gabriela Giambalvo. (Attachments: #1 Summons)(Richards, William) |
| Filing 2 NOTICE OF ASSIGNMENT (ARC) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21258185 filed by Gabriela Giambalvo. (Richards, William) (Attachments: #1 Civil Cover Sheet)(ARC) |
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