Mercado v. Wiley et al
Case Number: 1:2006cv02303
Filed: November 16, 2006
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Zita L. Weinshienk
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 18, 2010 Opinion or Order Filing 294 ORDER OF DISMISSAL: The Stipulation of Dismissal is approved and this matter is dismissed with prejudice, each party to bear his or her own attorney fees and costs, by Chief Judge Wiley Y. Daniel on 11/18/10. (ebs, )
November 10, 2010 Opinion or Order Filing 292 ORDER re: 291 Order on Motion for Order, That this court has selected and appoints Bruce N. Suckling, M.D., to evaluate and examine Plaintiff Ralph Mercado per the settlement agreement. Dr. Suckling will file with the court his written report withi n 10 working days following his examination and evaluation of Mr. Mercado, and such report shall contain a current pulmonary medical diagnosis and recommended treatment, if any. This written report shall be mailed to Michael J. Watanabe, United States Magistrate Judge by Magistrate Judge Michael J. Watanabe on 11/10/2010. (erv, )
November 5, 2010 Opinion or Order Filing 289 MINUTE ORDER denying 286 Plaintiff's Motion for Order to Adopt Plaintiffs Proposed Settlement Release Language by Magistrate Judge Michael J. Watanabe on 11/5/2010.(erv, )
September 29, 2010 Opinion or Order Filing 282 MINUTE ORDER denying 280 Plaintiff's Motion to Obtain the Communications Between Plaintiff and Magistrate Judge Within His Chambers on April 18, 2010, by Magistrate Judge Michael J. Watanabe on 9/29/2010.(mjwcd)
August 18, 2010 Opinion or Order Filing 267 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Settlement Conference held on 8/18/2010. Settlement reached. Dismissal Papers due by 9/3/2010. Denying as moot 250 Defendant Seon-Spadas Motion to File Second Motion for Summary Judgment. Denying as moot 251 Defendant Seon-Spadas Second Motion for Summary Judgment. Denying as moot 257 Plaintiffs Motion to Name Defendant R. Currin Executor A Substitute for R. Currin. (Court Reporter FTR - Ellen E. Miller) (mjwcd)
July 6, 2010 Opinion or Order Filing 253 ORDER AFFIRMED AND ADOPTED 231 Report and Recommendations. denying 205 Defendant Crawfords Motion for Summary Judgment; denying 210 Plaintiffs Motion for Entry of Default; denying 214 Plaintiffs Motion for Default Judgment Against Defendant Crawford ; OVERRULING 234 Defendant Crawfords Objection to Report and Recommendations; granting 232 Plaintiff's Motion for Reconsideration That portion of my March 10, 2010, Order which directed that R. Currin be taken off the caption is vac ated, and R. Currin shall be reinstated as a Defendant. Finally, it is ORDERED that on or before Thursday, July 15, 2010, defense counsel shall file with the Court the name and address of the executor of R. Currins estate so that s/he can, if appropriate, by substituted for R. Currin. by Chief Judge Wiley Y. Daniel on 7/6/2010.(erv, ) Modified on 7/6/2010 (erv, ).
March 11, 2010 Opinion or Order Filing 230 MINUTE ORDER granting 227 Defendants' Motion to Vacate Settlement Conference. Settlement Conference set 3/15/2010 10:00 AM is vacated, by Magistrate Judge Michael J. Watanabe on 3/11/2010.(mjwcd)
March 10, 2010 Opinion or Order Filing 229 ORDER AFFIRMED AND ADOPTED 208 Report and Recommendations. denying 161 Plaintiff's Motion for Summary Judgment; granting in part and denying in part 190 Defendants Motion for Summary Judgment; Specifically, the motion is GRANTED as to Cl aims One and Three. Defendants Mark Maser and M. Barbee as well as the John and Jane Defendants are DISMISSED and shall hereafter be taken off the caption. The motion is DENIED as to Claims Two and Five. It is FURTHER ORDERED that Plaintiffs Motion t o Dismiss Defendants Amended Objection to Recommendation 221 , is DENIED. It is FURTHER ORDERED that Defendants Objections and Amended Objections to the Recommendation 216 , and 218 are OVERRULED. by Chief Judge Wiley Y. Daniel on 3/10/2010.(erv, )
March 8, 2010 Opinion or Order Filing 226 MINUTE ORDER denying 223 ex parte letter motion Motion for Order to attend the March 15 settlement conference by telephone. Amy Keirn, who claims to be plaintiffs mother, is denied. Ms. Keirn is not a party to this action, nor is she counsel of record, and the settlement conference is not a public hearing. by Magistrate Judge Michael J. Watanabe on 3/8/2010.(erv, )
January 4, 2010 Opinion or Order Filing 208 REPORT AND RECOMMENDATIONS re 190 MOTION for Summary Judgment filed by J. Wadas, H. Trapp, M. Barbee, Ralph Smith, lloyd Harvey, Mark Maser, BE GRANTED IN PART AND DENIED IN PART, and 161 MOTION for Summary Judgment filed by Ralph Mercado, BE DENIED by Magistrate Judge Michael J. Watanabe on 1/4/2010. (erv, )
December 8, 2009 Opinion or Order Filing 201 Minute Entry for proceedings held before Magistrate Judge Michael J. Watanabe: granting 198 Motion for Order for Alternative Dispute Resolution; Final Pretrial Conference held on 12/8/2009; Settlement Conference set for 3/15/2010 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Updated Confidential Settlement Statements are due on or before March 10, 2010. (Court Reporter FTR - Kathleen Finney) (klmcd)
September 16, 2009 Opinion or Order Filing 175 MINUTE ORDER denying 169 Defendants' Motion to Strike Plaintiff's Motion for Summary Judgment 161 ; Defendants shall file a response to the Plaintiff's Motion for Summary Judgment on or before 10/14/2009, by Magistrate Judge Michael J. Watanabe on 09/16/2009.(mjwcd )
September 3, 2009 Opinion or Order Filing 172 ORDER granting in part and denying in part 167 Motion to Throw Out Plaintiff's Deposition. Plaintiff's request for 30 days to review the transcript shall be granted by Magistrate Judge Michael J. Watanabe on 09/03/09.(jjh, )
August 19, 2009 Opinion or Order Filing 166 ORDER granting 164 Plaintiff's Motion to Dismiss Party. Defendant Party Robert Hood terminated. by Chief Judge Wiley Y. Daniel on 8/19/09.(erv, ) (Modified on 8/20/2009 corrected typing error)(erv, ).
July 13, 2009 Opinion or Order Filing 157 MINUTE ORDER denying 141 Plaintiff's Motion for Order to Compel the Defendants to Produce the Documents Requested by Magistrate Judge Michael J. Watanabe on 7/13/09.(erv, ) (Modified on 7/17/2009 corrected file date and signing date to 7/13/09 )(erv, ).
July 6, 2009 Opinion or Order Filing 155 MINUTE ORDER denying 139 Plaintiff's Motion for Order by Magistrate Judge Michael J. Watanabe on 7/6/09.(erv2, )
May 26, 2009 Opinion or Order Filing 133 MINUTE ORDER granting 131 plaintiffs Motion for Clarification by Magistrate Judge Michael J. Watanabe on 05/26/2009.(sah, )
April 21, 2009 Opinion or Order Filing 126 MINUTE ORDER granting 120 Pro Se Incarcerated Plaintiffs Motion for Order. The Rule 16 Scheduling Order dated April 8, 2009, nunc pro tunc to April 3, 2009 119 is amended in Section 4 - Computation of Damages to include that Plaintiff Seeks Punitive Damages in the Amount of $40,000 from each Defendant. by Magistrate Judge Michael J. Watanabe on 4/21/09.(erv, )
March 19, 2009 Opinion or Order Filing 114 MINUTE ORDER denying 112 Plaintiff's Motion for Order to Correct Assessment of filing fee payments by Magistrate Judge Michael J. Watanabe on 3/19/09.(erv, )
February 25, 2009 Opinion or Order Filing 104 ORDER Scheduling Conference set for 4/3/2009 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. by Magistrate Judge Michael J. Watanabe on 2/25/09. (erv, )
February 23, 2009 Opinion or Order Filing 103 ORDER AFFIRMED AND ADOPTED 98 Report and Recommendations. granting in part and denying in part 73 Defendant's Motion to Dismiss; it is ORDERED that the Motion to Dismiss is GRANTED as to Claim Three against Defendant Harrell Watts and Claim Six and these claims are DISMISSED WITHOUT PREJUDICE. It is FURTHER ORDERED that the Motion to Dismiss is GRANTED as to the fourth claim and the claims against Defendants Wiley, Bauer, Turner and Watts based on supervisory liability and these claims are DISMISSED WITH PREJUDICE. Defendants Wiley, Bauer, Turner and Watts shall hereafter be taken off the caption. Finally, it is ORDERED that the Motion to Dismiss is DENIED in all other respects. by Chief Judge Wiley Y. Daniel on 2/23/09.(erv, )
January 29, 2009 Opinion or Order Filing 98 REPORT AND RECOMMENDATIONS re 73 Defendants' MOTION to Dismiss be granted in part and denied in part by Magistrate Judge Michael J. Watanabe on 01/29/09. (wjc, )
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