Espinosa v. Gittere, et al.
| BENJAMIN ESPINOSA |
| WILLIAM GITTERE, Warden, NEVADA DEPARTMENT OF CORRECTIONS, MATTHEW ROMAN, CHARLES DANIELS, NDOC Director, HAROLD WICKHAM, NDOC Deputy Director FAC #23, WILLIAM RUEBART, Associate Warden FAC #23, DAVID DRUMMOND, Associate Warden FAC #23, J VERDE, Food Manager FAC #23, DENNIS HOMAN, Kitchen Staff Sergeant; per #36 Order, Dawn JONES, formerly identified as Caldwell CN I Medical; per #36 Order; Changed per Order ECF No. 52, GLORIA CARPENTER, Director of Nursing; substituted for John/Jane Doe Defendant IV pursuant to ECF No. 44 Order and STARK, CN III Medical; per #36 Order |
| 25-1623 |
| March 12, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 17
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 16) granted. Amended briefing schedule: Answering Brief Due (Appellee) 10/22/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 09/02/2025 08:42 AM]
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| Filing 16 Streamlined Request for Extension of Time to File Brief filed by Appellee Benjamin Espinosa. [Entered: 09/02/2025 08:25 AM] |
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Filing 15
ORDER FILED. Opening Brief submitted at DE 13 by Appellants is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 14 by Appellants are filed. Within 7 days of this order, Appellants must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 08/25/2025 09:11 AM]
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| Filing 14 EXCERPTS OF RECORD submitted for filing by Appellant William Gittere, Appellant Harold Wickham, Appellant William Ruebart, Appellant David Drummond, Appellant J Verde, Appellant Dennis Homan, Appellant Jones, Appellant Gloria Carpenter. [Entered: 08/22/2025 03:11 PM] |
| Filing 13 OPENING BRIEF submitted for filing by Appellant William Gittere, Appellant Harold Wickham, Appellant William Ruebart, Appellant David Drummond, Appellant J Verde, Appellant Dennis Homan, Appellant Jones, Appellant Gloria Carpenter. [Entered: 08/22/2025 03:05 PM] |
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Filing 12
ORDER FILED. The motion (Docket Entry No. 11) for an extension of time to file the opening brief is granted. The opening brief is due August 22, 2025. The answering brief is due September 22, 2025. The optional reply brief is due within 21 days after service of the answering brief. To facilitate timely submission of cases for decision, no further motions for extensions of time to file the opening brief will be granted absent extraordinary and compelling circumstances. Failure to file the opening brief by August 22, 2025 may result in dismissal of this case for failure to prosecute. See 9th Cir. R. 42-1. [Entered: 06/27/2025 01:34 PM]
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| Filing 11 MOTION to Extend Time to File Brief filed by Appellant William Gittere, Appellant Harold Wickham, Appellant William Ruebart, Appellant David Drummond, Appellant J Verde, Appellant Dennis Homan. [Entered: 06/20/2025 09:29 AM] |
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Filing 10
ORDER FILED. The motion (Docket Entry No. 7) for an extension of time to file the opening brief is granted. The opening brief is due June 23, 2025. The answering brief is due July 23, 2025. The optional reply brief is due within 21 days after service of the answering brief. [Entered: 05/07/2025 01:28 PM]
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| Filing 9 ADDED Counsel for Appellee Samuel Weiss [Entered: 04/17/2025 01:09 PM] |
| Filing 8 NOTICE OF APPEARANCE by Samuel Weiss for Appellee Benjamin Espinosa. [Entered: 04/17/2025 12:57 PM] |
| Filing 7 MOTION to Extend Time to File Brief filed by Appellant William Gittere, Appellant Harold Wickham, Appellant William Ruebart, Appellant J Verde, Appellant Dennis Homan. [Entered: 04/16/2025 08:41 AM] |
| Filing 6 RELEASED FROM MEDIATION. This case is released from the Mediation Program. [Entered: 04/08/2025 03:22 PM] |
| Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant William Gittere, Appellant Harold Wickham, Appellant William Ruebart, Appellant David Drummond, Appellant J Verde, Appellant Dennis Homan. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 03/25/2025 10:05 AM] |
| Filing 4 Attorney Chris Davis as Counsel for Appellant substituted for Attorney Mark Hackmann. [Entered: 03/13/2025 09:53 AM] |
| Filing 3 NOTICE OF APPEARANCE by Chris Davis for Appellant David Drummond, Appellant Dennis Homan, Appellant Gloria Carpenter, Appellant Harold Wickham, Appellant J Verde, Appellant Jones, Appellant William Gittere, Appellant William Ruebart replacing Mark Hackmann. [Entered: 03/13/2025 07:39 AM] |
| Filing 2 SCHEDULE NOTICE. Appeal Opening Brief (No Transcript Due) (Appellant) 4/21/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 5/21/2025. For appeal no. 25-1623, 3:21-cv-00205-ART-CLB. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [COURT UPDATE; updated party type, time scheduler and deadlines] [Entered: 03/12/2025 01:24 PM] [Edited: 03/12/2025 04:45 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:21-cv-00205-ART-CLB has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-1623 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/12/2025 01:21 PM] |
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