Sons of Hell Motorcycle Club et al v. Arizona Department of Public Safety et al
| Alma Rosa Nichols, Sons of Hell Motorcycle Club, David Andrew Watts, Joanna Leigh Watts, Harry Dayle Hamilton, Janice Renee Hamilton, Elden Gregory Givens, Jennifer Lynn Givens, Allen Edward Swierkos, Daniel Medina, Karen Medina, Robert Cecil Nichols, Alma Rosa Becerril, Harry David Hamilton, Philliman Price, Darcie Holloboff, Jack William Berletch, Jr., Jan Berletch, Ronnie George Swienhart, Dennis James Harris, Marco Anthony Orta, Samuel Craig Charles, Renee Beatrice Charles, Paul Anthony Pink, Tamara Dawn Pink, Benjamin Villagrana, Jr. and Aaron Richard Lordeman |
| Arizona Department of Public Safety, Robert Halliday, Unknown Halliday, Brad Elliot, Unknown Elliot, Brian Barnes, Unknown Barnes, Nate Gould, Unknown Gould, Gang and Immigration Intelligence Team Enforcement Mission, Dan Mills, Unknown Mills, Frank Stewart, Unknown Stewart, Michael Wischmann, Unknown Wischmann, Douglas Wheeler, Unknown Wheeler, Coconino County Sheriff's Office, Bill Pribil, Unknown Pribil, Mark Pierz, Unknown Pierz, William Rackley, Unknown Rackley, Jason Lurkins, Unknown Lurkins, Gerrit Boeck, Unknown Boeck, Michael Curtis, Unknown Curtis, Ethan Miltowski, Unknown Miltowski, Robert Gambee, Unknown Gambee, Jason Bond, Unknown Bond, James Coffee, Unknown Coffee, Dan Wells and Unknown Wells |
| 3:2012cv08145 |
| July 20, 2012 |
| US District Court for the District of Arizona |
| Prescott Division Office |
| Yuma |
| James A Teilborg |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 19, 2013. A more recent docket listing may be available from PACER.
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| Filing 29 CLERK'S JUDGMENT-that pursuant to the Courts order filed March 19, 2013, judgment is entered in favor of defendants and against plaintiffs. Plaintiffs to take nothing, and complaint and action are dismissed without prejudice. (TLJ) |
Filing 28
ORDER granting #23 Motion to Dismiss; granting in part and denying in part #24 Motion to Dismiss and Request for Expedited Hearing. ORDER that this case is dismissed without prejudice. The Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 3/19/13.(TLJ)
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Filing 27
ORDER (TEXT-ONLY) - IT IS ORDERED that Defendants' Motion to Continue Scheduling Conference (Doc. #26 ) is granted to the limited extent that the Rule 16 Scheduling Conference set for 2/25/2013 at 11:00 AM is vacated, to be reset, if necessary, after the Court rules on the pending motions to dismiss. Entered by Senior Judge James A Teilborg on 2/19/2013. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 26 Joint MOTION to Continue Rule 16 Scheduling Conference by Arizona Department of Public Safety. (Schneider, Brian) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting by Coconino County Sheriff's Office. (McNeel, Timothy) |
| Filing 24 *MOTION to Dismiss Case by Arizona Department of Public Safety. (Schneider, Brian) *Modified to reflect document is not in compliance with L.R. Civ 7.1(c). Attorney noticed on 2/8/2013 (TLJ). |
| Filing 23 MOTION to Dismiss Case County Defendants' Motion to Dismiss by Gerrit Boeck, Unknown Boeck, Jason Bond, Unknown Bond, Coconino County Sheriff's Office, James Coffee, Unknown Coffee, Michael Curtis, Unknown Curtis, Robert Gambee, Unknown Gambee, Jason Lurkins, Unknown Lurkins, Ethan Miltowski, Unknown Miltowski, Mark Pierz, Unknown Pierz, Bill Pribil, Unknown Pribil, Unknown Rackley, William Rackley. (McNeel, Timothy) |
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Filing 22
ORDER - Rule 16 Scheduling Conference set for 2/25/2013 at 11:00 AM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Judge James A Teilborg. Signed by Judge James A Teilborg on 1/3/2013. (TLB)
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| Filing 21 Minute Entry (TEXT-ONLY) - for proceedings held before Judge James A Teilborg: Appearances: No one appearing for plaintiffs. Brian D. Schneider for defendants. Order to Show Cause Hearing held on 12/20/2012 re: why defendants Michael Wischman and Jane Doe Wischman should not be dismissed for failure to serve with time limits of Fed. R. Civ. Proc 4(m). Plaintiff and laintiff's counsel, Christian C. Ackerly, having failed to show cause in writing and having failed to appear today in person to show cause, IT IS ORDERED dismissing defendants Michael Wischman and Jane Doe Wischman without prejudice for failure to service. (Court Reporter David German.) Hearing held 9:40 AM to 9:45 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB) |
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Filing 20
ORDER - IT IS ORDERED that on 12/20/2012 at 9:30 AM (Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 plaintiff's shall appear before Judge James A. Teilborg and show cause why the following defendants should not be dismissed for failure to serve within the time limits of Fed. R. Civ. Procedure 4(m): Michael Wischman, Jane Doe Wischman. Signed by Judge James A Teilborg on 12/11/2012. (TLB)
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| Filing 19 * ANSWER to Amended Complaint #13 by Arizona Department of Public Safety.(Schneider, Brian) *Modified to link to document and to correct event type on 12/4/2012. Document is not in compliance with L.R. Civ 7.1(c). Attorney noticed on 12/4/12 (TLJ). |
| Filing 18 * ANSWER to #13 Amended Complaint by Gerrit Boeck, Jason Bond, Coconino County Sheriff's Office, James Coffee, Michael Curtis, Robert Gambee, Jason Lurkins, Ethan Miltowski, Mark Pierz, Bill Pribil, William Rackley.(McNeel, Timothy) *Modified to add attorney on 12/4/2012 (TLJ). |
| Filing 17 NOTICE of Appearance by Timothy George McNeel on behalf of Gerrit Boeck, Jason Bond, Coconino County Sheriff's Office, James Coffee, Michael Curtis, Robert Gambee, Jason Lurkins, Ethan Miltowski, Mark Pierz, Bill Pribil, William Rackley. (McNeel, Timothy) |
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Filing 16
ORDER (TEXT-ONLY) - IT IS ORDERED that #14 motion for extension of time is denied, without prejudice, for failure to submit a proposed form of order (see Deficiency at Doc. 15)). Entered by Judge James A Teilborg on 12/3/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
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| Filing 15 NOTICE TO FILER OF DEFICIENCY re #14 MOTION for Extension of Time to Accomplish Service as to Defendants Wischmann and Gambee filed by Sons of Hell Motorcycle Club. Description of deficiency: Failure to email a proposed form of order to chambers. (TLJ) |
| Filing 14 MOTION for Extension of Time to Accomplish Service as to Defendants Wischmann and Gambee by Sons of Hell Motorcycle Club. (Ackerley, Christian) |
| Filing 13 AMENDED COMPLAINT against All Defendants, filed by Sons of Hell Motorcycle Club.(Ackerley, Christian) |
| Summons Issued as to Arizona Department of Public Safety, Brian Barnes, Unknown Barnes, Gerrit Boeck, Unknown Boeck, Jason Bond, Unknown Bond, Coconino County Sheriff's Office, James Coffee, Unknown Coffee, Michael Curtis, Unknown Curtis, Brad Elliot, Unknown Elliot, Robert Gambee, Unknown Gambee, Gang and Immigration Intelligence Team Enforcement Mission, Nate Gould, Unknown Gould, Robert Halliday, Unknown Halliday, Jason Lurkins, Unknown Lurkins, Ethan Miltowski, Unknown Miltowski, Mark Pierz, Unknown Pierz, Bill Pribil, Unknown Pribil, Unknown Rackley, William Rackley, Frank Stewart, Unknown Stewart, Dan Wells, Unknown Wells, Douglas Wheeler, Unknown Wheeler, Michael Wischmann, Unknown Wischmann. SUMMONS ISSUED TO PLAINTIFF'S ATTORNEY OVER THE COUNTER. NO PDF ATTACHED. (MHA) |
| Filing 12 NOTICE re Civil Cover Sheet by Sons of Hell Motorcycle Club . (Ackerley, Christian) |
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Filing 11
STANDARD TRACK ORDER. Signed by Judge James A Teilborg on 9/12/2012. (TLB)
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Filing 10
RECUSAL ORDER that the Honorable Paul G. Rosenblatt recuses himself from this action and that this action is reassigned by automated random selection to the Honorable James A. Teilborg for all further proceedings. ORDER that all future documents filed and/or served in this action shall be captioned with case number CV-12-8145-PCT-JAT. Signed by Senior Judge Paul G Rosenblatt on 9/12/12. (TLJ)
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| Filing 9 Minute Order: Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Paul G. Rosenblatt. All further pleadings/papers should now list the following COMPLETE case number: CV 12-8145-PCT-PGR. FURTHER ORDERED that the Order to SHow Cause Deadling is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 8 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 7
ORDER TO SHOW CAUSE That Plaintiffs shall show cause in writing on or before September 14, 2012, why they should not be sanctioned or be held in contempt of court pursuant to title 18 U.S.C. 401 for failing to comply with the Courts prior order. If Plaintiffs properly comply with the Courts July 25, 2012, order on or before September 14, 2012, by either consenting to magistrate judge jurisdiction or electing to have the case assigned to a district judge, the undersigned will automatically vacate this Order to Show Cause. Signed by Magistrate Judge Mark E Aspey on 8/28/12. (MAP)
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Filing 6
ORDER EVERY ONE OF THE THIRTEEN NAMED Plaintiffs shall EACH execute and file within 14 days of the entry of this order their written election to either consent to the exercise of jurisdiction over this matter by a magistrate judge or a written election to have this case reassigned to a United States district judge. Signed by Magistrate Judge Mark E Aspey on 7/24/12. (TLJ)
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| Filing 5 NOTICE TO FILER OF DEFICIENCY re #1 Complaint, filed by Benjamin Villagrana, Jr., Jennifer Lynn Givens, Renee Beatrice Charles, Jan Berletch, Paul Anthony Pink, Philliman Price, Janice Renee Hamilton, Harry David Hamilton, David Andrew Watts, Marco Anthony Orta, Alma Rosa Becerril, Tamara Dawn Pink, Robert Cecil Nichols, Daniel Medina, Elden Gregory Givens, Samuel Craig Charles, Dennis James Harris, Ronnie George Swienhart, Harry Dale Hamilton, Joanna Leigh Watts, Allen Edward Swierkos, Karen Medina, Darcie Holloboff, Sons of Hell Motorcycle Club, Jack William Berletch, Jr. Description of deficiency: The following required document not attached: Civil Cover Sheet (the submitted form was blank). (REK) |
| Filing 4 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 3 Filing fee paid, receipt number 0970-7029370. This case has been assigned to the Honorable Mark E. Aspey. All future pleadings or documents should bear the correct case number: CV 12-08145-PCT-MEA. Magistrate Election form attached. (Attachments: #1 Magistrate Consent Form)(REK) |
| Filing 2 SUMMONS Submitted by Alma Rosa Becerril, Jack William Berletch, Jr, Jan Berletch, Renee Beatrice Charles, Samuel Craig Charles, Elden Gregory Givens, Jennifer Lynn Givens, Harry Dale Hamilton, Harry David Hamilton, Janice Renee Hamilton, Dennis James Harris, Darcie Holloboff, Daniel Medina, Karen Medina, Robert Cecil Nichols, Marco Anthony Orta, Paul Anthony Pink, Tamara Dawn Pink, Philliman Price, Sons of Hell Motorcycle Club, Ronnie George Swienhart, Allen Edward Swierkos, Benjamin Villagrana, Jr, David Andrew Watts, Joanna Leigh Watts (submitted by Christian Ackerley). (REK) |
| Filing 1 COMPLAINT. Filing fee received: $350.00, receipt number 0970-7029370, filed by Jan Berletch, Robert Cecil Nichols, Harry Dale Hamilton, Philliman Price, Jack William Berletch, Jr, Ronnie George Swienhart, Elden Gregory Givens, Darcie Holloboff, Marco Anthony Orta, Samuel Craig Charles, Allen Edward Swierkos, Paul Anthony Pink, Karen Medina, Daniel Medina, Sons of Hell Motorcycle Club, Harry David Hamilton, Benjamin Villagrana, Jr, Alma Rosa Becerril, Jennifer Lynn Givens, David Andrew Watts, Janice Renee Hamilton, Tamara Dawn Pink, Dennis James Harris, Renee Beatrice Charles, Joanna Leigh Watts (submitted by Christian Ackerley). (Attachments: #1 Civil Cover Sheet)(REK) |
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