Silverstein v. Federal Bureau of Prisons et al
Case Number: 1:2007cv02471
Filed: November 28, 2007
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Marcia S. Krieger
Presiding Judge: Michael J. Watanabe
Nature of Suit: Prison Condition
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Bivens Act
Jury Demanded By: None
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Date Filed Document Text
September 13, 2012 Opinion or Order Filing 406 ORDER. Plaintiff's 398 Motion to Alter or Amend Judgment is denied. Plaintiff's 401 Motion to Supplement His Motion to Alter or Amend the Judgment (Doc. 398) or, in the Alternative, for Relief from Final Judgment Pursuantto Fed. R. Civ . P. 60(b) is denied. Plaintiff's 405 Supplement to Docket No. 401, Motion to Alter or Amend the Judgment (Doc. 398) or, in the Alternative, for Relief from Final Judgment Pursuant to Fed. R. Civ. P. 60(b) is denied. By Judge Philip A. Brimmer on 9/13/12.(mnfsl, )
September 30, 2011 Opinion or Order Filing 395 ORDER plaintiffs Motion for Leave to File a Sur-Reply to Defendant's Reply [Docket No. 365] is GRANTED. Plaintiffs Sur-Reply is accepted for filing. It is furtherORDERED that plaintiffs Motion for Order to Allow Oral Argument on Defendants Mot ion for Summary Judgment [Docket No. 354] is DENIED. It is furtherORDERED that defendants Motion for Summary Judgment is GRANTED [Docket No. 296]. It is furtherORDERED that judgment shall enter in favor of defendants and against plaintiff. By Judge Philip A. Brimmer on 9/30/11.(pabsec)
July 8, 2011 Opinion or Order Filing 382 ORDER: defendants' Motion for Leave to File a Motion to Exclude Expert Witness Testimony 367 is GRANTED; defendants' Motion to Exclude Expert Witness Testimony [367-1] is accepted for filing. Plaintiff shall file a response to the motion on or before 7/29/11; defendants shall file a reply, if any, on or before 8/5/11. By Judge Philip A. Brimmer on 7/8/11.(pabsec)
February 10, 2011 Opinion or Order Filing 310 ORDER denying 271 Plaintiff's Motion for Leave to Reopen Discovery for the Limited Purpose of Taking the Deposition of Warden Blake R. Davis, by Magistrate Judge Kathleen M. Tafoya on 2/10/11.(mnf, )
March 23, 2010 Opinion or Order Filing 261 ORDER: Defendants' Motions to Dismiss ( 177 , 178 , 179 , 180 , 181 , 182 , 183 , 184 ) are granted in part and denied in part as follows. Plaintiff Thomas Silversteins official-capacity claims against defendants Joyce Conley, Michael Na lley, Donald Denney, Ron Wiley, Marie Bailey, and Paul Zohn are stricken as redundant, unnecessary, and potentially confusing pursuant to Federal Rule of Civil Procedure 12(f). Plaintiff Thomas Silversteins second and third claims for relief are dis missed as to all named defendants. Plaintiff Thomas Silversteins fourth claim for relief is dismissed as it relates to defendants John Vanyur, Joyce Conley, Michael Nalley, Donald Denney, Ron Wiley, Marie Bailey, and Paul Zohn. Plaintiff Thomas Sil versteins first claim for relief against defendants the BOP, in its official capacity, and John Vanyur, Joyce Conley, Michael Nalley, and Ron Wiley, in their individual capacities, will proceed. Plaintiff Thomas Silversteins fourth claim for relief, as it relates to defendant the BOP, also will proceed. Any Final Judgment entered upon resolution of all claims against all parties shall reflect the rulings in this order, by Judge Philip A. Brimmer on 3/23/10.(ebs, )
December 29, 2009 Opinion or Order Filing 255 ORDER granting 252 MOTION for Entry of a Temporary Protective Order and a Limited Stay of Discovery Pending Resolution of Objections by Defendants. Discovery as to those matters covered by the 12/14/09 Order is temporarily stayed pending ruling by the District Court on the Defendants Objections to the Magistrate Judges Order [Doc. No. 251]. Signed by Magistrate Judge Kathleen M. Tafoya on 12/29/09.(kmtcd, )
December 14, 2009 Opinion or Order Filing 248 ORDER granting 236 Plaintiff's Motion for Determination of Waiver. Granting 237 Plaintiff's Motion to Compel Deposition Testimony and Documents Related to the 10/04 Document. Defendants will provide testimony and documents responsive to Plaintiffs Notice of Fed. R. Civ. P. 30(b)(6) Deposition and Requests for Production of Documents within thirty days of this Order. The Discovery Cut-off date will be continued to the earlier of six days subsequent to the deposition of Paul Layer, or January 20, 2010, by Magistrate Judge Kathleen M. Tafoya on 12/14/09.(ebs, )
November 23, 2009 Opinion or Order Filing 228 PROTECTIVE ORDER to prevent the potential waiver of attorney-client privilege and/or work-product protection. By Magistrate Judge Kathleen M. Tafoya on 11/23/09. (kmtlc1)
September 22, 2009 Opinion or Order Filing 212 ORDER granting 210 Unopposed MOTION for Order to Permit Deposition of Plaintiff by Defendants. Defendants are permitted to depose Plaintiff Thomas Silverstein by Magistrate Judge Kathleen M. Tafoya on 9/22/09.(kmtcd)
September 18, 2009 Opinion or Order Filing 209 ORDER granting 208 Motion for Leave to Appear, by Judge Philip A. Brimmer on 9/18/09. (pabsec)
July 8, 2009 Opinion or Order Filing 175 ORDER granting 160 MOTION to Stay Discovery, MOTION for Protective Order. Discovery in this matter is temporarily stayed through and including 7/20/09. The Status Conference is RESET for 7/22/2009 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 7/8/09.(kmtcd) Modified on 7/9/2009 to add text stating that the order is by Magistrate Judge Tafoya (ebs, ).
May 20, 2009 Opinion or Order Filing 164 ORDER granting in part and denying in part 114 Plaintiff's Motion to Compel Entries on Land, to Make Plaintiff Available for Medical Examination by Plaintiff's Expert, and to Award Sanctions. The motion is granted with respect to allowin g Dr. Brie Williams access to the plaintiff to conduct an independent medical examination. The independent medical examination will be conducted before 7/15/09. The motion is denied in all other respects. Defendants will provide to plaintiff, on or before 6/15/09, all photographs, diagrams, or other information to which they agreed in their response, by Magistrate Judge Kathleen M. Tafoya on 5/20/09.(ebs, )
May 18, 2009 Opinion or Order Filing 159 MINUTE ORDER denying as moot 48 and 98 Defendants' Motions to Dismiss without Prejudice, by Judge Philip A. Brimmer on 5/18/09.(ebs, )
May 14, 2009 Opinion or Order Filing 157 ORDER granting 140 Plaintiff's Motion for Leave to File Second Amended Complaint. The "Second Amended Complaint for Declaratory and Injunctive Relief and Damages and Jury Demand" will be filed by the Clerk of the Court. Status/Scheduling Conference set for 7/16/2009 09:30 AM before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 5/14/09.(ebs, )
May 13, 2009 Opinion or Order Filing 156 ORDER DISMISSING CLAIMS 5, 6, AND 7 WITHOUT PREJUDICE pursuant to the 151 Joint Stipulation for Dismissal, Without Prejudice, of Claims 5, 6, and 7 of Plaintiff's First Amended Complaint. Pursuant to Fed. R. Civ. P. 41(a), claims 5, 6 and 7 of the First Amended Complaint are dismissed without prejudice, with each party to bear its own attorneys fees and costs, by Judge Philip A. Brimmer on 5/13/09. (ebs, )
April 27, 2009 Opinion or Order Filing 144 MINUTE ORDER granting 143 Plaintiff's Motion to Conduct Depositions by way of the Court's Videoconferencing Equipment. Plaintiff's counsel may conduct the depositions from the U.S. District Court for the District of Colorado at the dates and times specified in this Minute Order, by Judge Philip A. Brimmer on 4/27/09.(ebs, )
March 3, 2009 Opinion or Order Filing 139 MINUTE ORDER granting 134 Plaintiff's Unopposed Motion for Modification of Scheduling Order to Extend All Deadlines, and granting 137 Plaintiff's Unopposed Motion for Extension of Expert and Rebuttal Expert Disclosure Deadlines. Discovery due by 6/3/2009. Dispositive Motions due by 7/3/2009, by Magistrate Judge Kathleen M. Tafoya on 3/3/09.(ebs, )
February 19, 2009 Opinion or Order Filing 136 MINUTE ORDER granting 133 Plaintiff's Unopposed Motion for Leave to Conduct Deposition via Videoconference at the U.S. District Court for the District of Colorado. Plaintiff's counsel may conduct the following deposition from the U.S. District Court for the District of Colorado at the date and time specified, John Vanyur, February 27, 2009, 8:30 a.m. to 5:00 p.m. by Judge Philip A. Brimmer on 2/19/09.(erv, )
January 20, 2009 Opinion or Order Filing 127 MINUTE ORDER granting 126 Plaintiff's Unopposed Motion for Leave to Conduct Depositions via Video-conference at the U.S. District Court for the District of Colorado. Michael Nalley, January 21, 2009, 9:30 a.m. to 3:00 p.m., Courtroom A1001 Mic hael Nalley, January 22, 2009, 9:30 a.m. to 3:00 p.m., Courtroom A501 Dr. Donald Denney, January 23, 2009, 8:30 a.m. to 5:00 p.m., Courtroom A1001 Plaintiff shall be responsible for providing a method of transcription of the deposition as well as an individual to administer the oath to the deponents. Any logistical questions shall be directed to the Courts Information Technology Department by Judge Philip A. Brimmer on 1/20/09.(erv, )
January 15, 2009 Opinion or Order Filing 124 MINUTE ORDER granting 122 Plaintiffs Unopposed Motion to Modify Scheduling Order to Extend All Deadlines: Expert Witness Designation: March 4, 2009 Rebuttal Expert Designation: April 3, 2009; Discovery Cutoff: May 4, 2009 Dispositive Motion Deadline: June 3, 2009, by Magistrate Judge Kathleen M. Tafoya on 1/15/09.(erv, )
February 4, 2008 Opinion or Order Filing 28 ORDER: Scheduling Conference set for 2/20/2008 09:00 AM in Courtroom A 601 before Magistrate Judge Kathleen M. Tafoya. Signed by Magistrate Judge Kathleen M. Tafoya on 2/4/08. (gms, )
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