Sloan et al v. Cyprus Amax Mineral Corporation et al
| Eli Sloan, Isaac Sloan, Chris Sloan, Iseral Rascon and Ramona Patino |
| Cyprus Amax Mineral Corporation, Dodge Phelps Corporation, Freeport McMoran, Western Nuclear Corporation, APR Energy, U.S. Zinc Corporation, Cyprus Amax Mineral Company and Cyprus Amax |
| 2:2023cv00104 |
| January 17, 2023 |
| US District Court for the District of Arizona |
| Deborah M Fine (PS) |
| Deborah M Fine |
| Steven P Logan |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 66
ORDER denying Plaintiff's Motion to Stay the Case for 30 Days (Doc. #50 ). Signed by Magistrate Judge Deborah M Fine on 9/14/2023. (KJ)
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Filing 64
ORDER: Plaintiff must file a response to Defendants' Motion to Dismiss, no later than 30 days from the date of this Order. Defendants may file a reply within 15 days after service of Plaintiff's response. Signed by Magistrate Judge Deborah M Fine on 9/8/2023. (KJ)
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| Filing 63 NOTICE of Errata re: #60 Corporate Disclosure Statement by Defendant Dodge Phelps Corporation.. (Attachments: #1 Exhibit A)(Northup, Doug) |
| Filing 62 Corporate Disclosure Statement by Freeport McMoran. (Northup, Doug) |
| Filing 61 Corporate Disclosure Statement by Western Nuclear Corporation. (Northup, Doug) |
| Filing 60 Corporate Disclosure Statement by Dodge Phelps Corporation. (Northup, Doug) |
| Filing 59 Corporate Disclosure Statement by Cyprus Amax Mineral Corporation. (Northup, Doug) |
| Filing 58 Joint MOTION to Dismiss for Failure to State a Claim by Dodge Phelps Corporation, Freeport McMoran, Western Nuclear Corporation. (Attachments: #1 Exhibit Index and Exhibits 1 - 9)(Northup, Doug) |
| Filing 57 First Amended ANSWER to #47 Amended Complaint, by Cyprus Amax Mineral Corporation.(Northup, Doug) |
| Filing 65 MOTION to Amend #1 Complaint by Eli Sloan. (52 pages) (Note: Received in Docketing on 9/11/2023.) (KJ) |
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Filing 56
ORDER denying #54 Motion for Extension of Time. Signed by Magistrate Judge Deborah M Fine on 8/31/23. (DXD)
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| Filing 55 NOTICE re: Disclosure Statement by Eli Sloan (1 page). (DXD) |
| Filing 54 MOTION for Extension of Time Response by Eli Sloan (7 pages). (DXD) |
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Filing 53
ORDER denying as moot Defendant APR Energy, LLC's Motion for Leave to Waive Service of Process Without Request (Doc. #52 ). Defendant APR Energy, LLC shall answer or otherwise respond to Plaintiff's First Amended Complaint (Doc. #47 ) within 60 days of the filing of this Order. Signed by Magistrate Judge Deborah M Fine on 8/25/2023. (KJ)
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| Filing 52 MOTION For Leave to Waive Service of Process Without Request by APR Energy. (Attachments: #1 Proposed Order)(Sreecharana, Devin) |
| Filing 51 NOTICE of Appearance by Devin Sreecharana on behalf of APR Energy. (Sreecharana, Devin) |
| Filing 50 MOTION to Stay Case by Eli Sloan. (12 pages) (KJ) |
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Filing 49
ORDER denying Plaintiff's Motion (Doc. #40 ). Signed by Magistrate Judge Deborah M Fine on 8/18/2023. (KJ)
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Filing 48
ORDER denying as moot and without prejudice Plaintiff's Motion for Leave to File an Amended Complaint for Wrongful Death and Personal Injury (Doc. #46 ). Signed by Magistrate Judge Deborah M Fine on 8/18/2023. (KJ)
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| Filing 47 FIRST AMENDED COMPLAINT against APR Energy, Cyprus Amax Mineral Corporation, Dodge Phelps Corporation, Freeport McMoran, U.S. Zinc Corporation, Western Nuclear Corporation, Cyprus Amax Mineral Company, Cyprus Amax filed by Eli Sloan. (Attachments: #1 Exhibit) (53 pages) (KJ) |
| Filing 46 MOTION for Leave to File Amended Complaint by Eli Sloan. (1 page) (KJ) |
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Filing 45
ORDER granting the parties' Stipulation to Amend Complaint (Doc. #43 ). Plaintiff shall file a First Amended Complaint no later than 21 days from the date this Order is signed. Defendants Cyprus Amax Minerals Co., Phelps Dodge Corp., Freeport-McMoRan, and Western Nuclear Corp. shall file an answer or motion to dismiss no later than 21 days after service of the First Amended Complaint. Withdrawal of Defendants' Motion to Dismiss (Doc. #37 ) is authorized. Signed by Magistrate Judge Deborah M Fine on 8/16/2023. (KJ)
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| Filing 44 *WITHDRAWAL OF DOCUMENT re: #37 Motion to Dismiss Notice of Withdrawal of Joint Motion to Dismiss for Failure to State a Claim by Cyprus Amax Mineral Corporation, Dodge Phelps Corporation, Freeport McMoran, Western Nuclear Corporation. (Northup, Doug) *Modified event and link on 8/16/2023 (KJ). |
| Filing 43 STIPULATION to Amend Complaint by Cyprus Amax Mineral Corporation, Dodge Phelps Corporation, Freeport McMoran, Western Nuclear Corporation. (Attachments: #1 Proposed Order)(Northup, Doug) |
| Filing 42 SERVICE EXECUTED filed by U.S. Zinc Corporation: USMS Process Receipt and Return re: Summons/ Complaint/ Order upon U.S. Zinc Corporation on 7/31/2023. (KJ) |
| Filing 41 SERVICE EXECUTED : USMS Process Receipt and Return re: Summons/ Complaint/ Order upon APR Energy on 8/8/2023. (KJ) |
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Filing 39
ORDER: Plaintiff must file a response to Defendants' Motion to Dismiss for Failure to State a Claim, no later than 30 days from the date of this Order. Defendants may file a reply within 15 days after service of Plaintiff's response. Signed by Magistrate Judge Deborah M Fine on 8/8/2023. (KJ)
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| Filing 40 MOTION to Stay, MOTION for Extension of Time by Eli Sloan. (12 pages) (KJ) |
| Filing 38 ANSWER to #1 Complaint by Cyprus Amax Mineral Corporation.(Northup, Doug) |
| Filing 37 *WITHDRAWN pursuant to Order #45 * Joint MOTION to Dismiss Case for Failure to State a Claim by Dodge Phelps Corporation, Freeport McMoran, Western Nuclear Corporation. (Northup, Doug) *Modified on 8/17/2023 (KJ). |
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Filing 36
ORDER denying #35 Plaintiff's Motion for Status. See the attached order for complete details. Signed by Magistrate Judge Deborah M. Fine on 7/25/2023. (RMW)
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| Filing 35 MOTION for Status re: #31 Service Executed, #32 Service Executed, #33 Service Executed, #34 Service Executed, MOTION for Extension of Time to Serve, MOTION to Appoint Counsel by Eli Sloan. (Attachments: #1 Exhibit) (6 pages) (KJ) |
| Filing 34 SERVICE EXECUTED filed by Freeport McMoran: Rule 4 Waiver of Service of Summons. Waiver sent on 6/6/2023 to Freeport McMoRan . (Northup, Doug) |
| Filing 33 SERVICE EXECUTED filed by Western Nuclear Corporation: Rule 4 Waiver of Service of Summons. Waiver sent on 6/6/2023 to Western Nuclear Corp . (Northup, Doug) |
| Filing 32 SERVICE EXECUTED filed by Dodge Phelps Corporation: Rule 4 Waiver of Service of Summons. Waiver sent on 6/6/2023 to Phelps Dodge Corp. (incorrectly named Dodge Phelps) . (Northup, Doug) |
| Filing 31 SERVICE EXECUTED filed by Cyprus Amax Mineral Corporation: Rule 4 Waiver of Service of Summons. Waiver sent on 6/6/2023 to Cyprus Amax Mineral Corp. . (Northup, Doug) |
| Filing 29 Document was filed in the incorrect case. All docket text associated with the entry has been removed on 6/27/2023 (DXD). |
| Filing 30 NOTICE by Eli Sloan re: #27 Order and Service. (5 pages) (KJ) |
| Filing 28 NOTICE re: Service by Eli Sloan. (2 pages) (KJ) |
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Filing 27
ORDER (Service Packet) - IT IS HEREBY ORDERED granting Plaintiff's Motion for Service Forms (Doc. #26 ) as set forth herein. IT IS FURTHER ORDERED that the Clerk of Court must send Plaintiff send Plaintiff six copies each of a (1) blank Summons in a Civil Action' (2) blank notice of a lawsuit and request to waive service of a summons; and (3) blank waiver of the service of summons form. IT IS FURTHER ORDERED that: The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. #1 ), this Order, and both summons and request for waiver forms for each of Defendants Cyprus Amax Mineral Corporation, Dodge Phelps Corporation, Freeport McMoran, Western Nuclear Corporation, APR Energy, and U.S. Zinc Corporation. If the Plaintiff chooses to have the United States Marshal attempt service, then Plaintiff must complete and return the service packets 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. Should Plaintiff return completed service packets to the Clerk of Court, the United States Marshal must attempt to notify the Defendants of the commencement of this action and request waiver of service of the summons pursuant to Rule 4(d) of the Federal Rules of Civil Procedure. The notice to Defendants must include a copy of this Order. IT IS FURTHER ORDERED that Plaintiff shall be responsible for and promptly pay the cost of United States Marshal attempts to serve, whatever the standard and regular costs of such turn out to be. IT IS FURTHER ORDERED that Plaintiff (not the Court or the United States Marshal) is responsible for all costs of service. IT IS FURTHER ORDERED THAT this Order is in addition to and does not amend the Court's May 3, 2023, Order (Doc. #19 ). See document for complete details. Signed by Magistrate Judge Deborah M Fine on 6/1/2023. (Attachments: #1 Complaint, #2 Service Packet 1, #3 Service Packet 2, #4 Service Packet 3) (WLP)
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| Filing 26 MOTION for Service Forms by Eli Sloan. (1 page) (KJ) |
| Filing 25 NOTICE OF PARTY'S CHANGE OF ADDRESS by Eli Sloan: #49676-408, U.S. Penitentiary, P.O. Box 1002, Thomson, IL 61285. (KJ) |
| Filing 24 Mail Returned as Undeliverable. Mail sent to Eli Sloan. Document number #19 . Doc 19 was already re-mailed to plaintiff's new address on 5/4/2023. (KJ) |
| Filing 23 Mail Returned as Undeliverable. Mail sent to Eli Sloan. Document number #13 . Doc 13 was already re-mailed to plaintiff's new address on 5/4/2023. (KJ) |
| Filing 22 Mail Returned as Undeliverable. Mail sent to Isaac Sloan, Chris Sloan, Iseral Rascon, Ramona Patino. Reason for return: Attempted - Not Known. Document number #13 . (KJ) |
| Filing 21 NOTICE OF PARTY'S CHANGE OF ADDRESS by Eli Sloan: #49676-408, U.S. Penitentiary, P.O. Box 1002, Thomson, IL 61285. (KJ) |
| Filing 20 Mail Returned as Undeliverable. Mail sent to Eli Sloan. Reason for return: Unable to Forward. Document number #10 . (KJ) |
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Filing 19
ORDER - Plaintiff must either serve each Defendant or seek a waiver of service for each Defendant. 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. Fed. R. Civ. P. 4(m). 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. Any answer or response must state the specific Defendant by name on whose behalf it is filed. The Court may strike any answer, response, or other motion or paper that does not identify the specific Defendant by name on whose behalf it is filed. 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). The Clerk of Court is directed to remove Plaintiffs Isaac Sloan, Chris Sloan, Israel Rascon, and Ramona Patino from the docket. See document for complete details. Signed by Judge Steven P Logan on 5/2/2023. (WLP)
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| Filing 18 Mail Returned as Undeliverable. Mail sent to Eli Sloan, Isaac Sloan, Chris Sloan, Iseral Rascon. Document number #10 . (KJ) |
| Filing 17 Mail Returned as Undeliverable. Mail sent to Iseral Rascon and Ramona Patino. Reason for return: Unable to Forward. Document number #5 . (Attachments: #1 Mail Returned)(KJ) |
| Filing 16 NOTICE re: Request for Forms by Eli Sloan. (KJ) |
| Filing 15 Prisoner Trust Fund Account Statement by Eli Sloan. (1 page) (KJ) |
| Filing 14 NOTICE re: In Forma Pauperis by Eli Sloan. (4 pages) (KJ) |
| Filing 13 Filing fee: $402.00, receipt number 200006060. PAID IN FULL. (BAS) |
| Filing 12 Mail Returned as Undeliverable. Mail sent to Isaac Sloan. Document number #5 . (KJ) |
| Filing 11 Mail Returned as Undeliverable. Mail sent to Chris Sloan. Document number #5 . (KJ) |
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Filing 10
ORDER - Plaintiff's Application to Proceed In Forma Pauperis (Doc. #7 ) is denied. Within 30 days of the date this Order is filed, Plaintiff must pay the $350.00 filing fee and $52.00 administrative fee. If Plaintiff fails to either pay the $350.00 filing fee and $52.00 administrative fee within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. See document for complete details. Signed by Judge Steven P Logan on 4/14/2023. (WLP)
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| Filing 9 NOTICE by Eli Sloan re: #7 APPLICATION for Leave to Proceed In Forma Pauperis, #8 Prisoner Trust Fund Account Statement. (1 page) (KJ) |
| Filing 8 Prisoner Trust Fund Account Statement by Eli Sloan. (3 pages) (KJ) |
| Filing 7 APPLICATION for Leave to Proceed In Forma Pauperis by Eli Sloan. (2 pages) (KJ) |
| Filing 6 Mail Returned as Undeliverable. Mail sent to Ramona Patino, Iseral Rascon, Chris Sloan, Isaac Sloan. Reason for return: Attempted - Not Known. Document number #4 . (KJ) |
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Filing 5
ORDER: Plaintiff's Application to Proceed In Forma Pauperis (Doc. #2 ) is denied without prejudice. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee and $52.00 administrative fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement (or institutional equivalent). If Plaintiff fails to do so, the Clerk must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff and deny any pending unrelated motions as moot. The Clerk must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Judge Steven P Logan on 3/27/2023. (KJ)
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| Filing 4 NOTICE OF ASSIGNMENT (KJ) |
| Filing 3 Prisoner Trust Fund Account Statement by Eli Sloan. (2 pages) (KJ) |
| Filing 2 APPLICATION for Leave to Proceed In Forma Pauperis by Eli Sloan. (5 pages) (KJ) |
| Filing 1 PRISONER CIVIL RIGHTS COMPLAINT titled Civil Action: Wrongful Death and Personal Injury filed by Eli Sloan. (38 pages) (Attachments: #1 Envelope)(KJ) |
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