Ybanez v. Milyard et al
Plaintiff: Nathan Ybanez
Defendant: Kevin Milyard, Mary Cox-Bergman and Steven May
Case Number: 1:2010cv02234
Filed: September 13, 2010
Court: US District Court for the District of Colorado
Office: Denver Office
County: Logan
Presiding Judge: Boyd N. Boland
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
November 20, 2012 Opinion or Order Filing 69 ORDER. Plaintiff's Motion for Summary Judgment 37 is DENIED. Defendants' Motion for Summary Judgment 43 is GRANTED in part, and DENIED in part. The Court strongly urges the parties to attempt to resolve this case without further lit igation or trial. It was apparent to the Court at the Trial Preparation Conference held on November 2, 2012 that the plaintiff is not in this for money. Rather, he believes that the defendants and the SCF mail room have horsed around with his reas onable rights to receive and send mail, and he wants some assurance that the policies and practices will be changed so that this kind of stuff does not continue to happen to him and others. In light of the facts discussed in this order and Chief J udge Daniels order, it appears that his concerns are not entirely unreasonable. This need not have resulted in a federal case with, to date, 67 docket entries and a trial now reset for February 19, 2013. Please make a good faith attempt to resolve this one. By Judge R. Brooke Jackson on 11/20/12. (alvsl)
October 15, 2012 Opinion or Order Filing 54 MINUTE ORDER granting 47 Motion for Issuance. The Pro Se Incarcerated Plaintiff Ybanez shall forthwith file with the court his completed subpoenas for Kevin Milyard, Steven May, Mary Cox-Bergman, Bernadette Scott, and Michelle Wingert so that such subpoenas can be provided to the United States Marshal for the District of Colorado for service. By Magistrate Judge Michael J. Watanabe on 10/15/12. (alvsl)
May 29, 2012 Opinion or Order Filing 35 ORDER. The Recommendation of the United States Magistrate Judge, Doc. 33 , is GRANTED. All claims against the John Doe and Jane Doe defendants are dismissed without prejudice. Mr. Ybanezs Objection to the Scheduling Order 31 is DENIED. By Judge R. Brooke Jackson on 5/29/2012.(sahsl, )
December 20, 2011 Opinion or Order Filing 28 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Scheduling Conference held on 12/20/2011. Granting 12 Plaintiff's Notice of Non-Abandonment of Claims and Motion for Status. Discovery due b y 6/15/2012. Dispositive Motions due by 7/16/2012. Show Cause Hearing/Status Conference set for 3/19/2012 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Proposed Pretrial Order due by 9/17/2012. Final Pretrial Conference set for 9/20/2012 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. (Court Reporter: FTR - Ellen E. Miller) (mjwcd)
December 13, 2011 Opinion or Order Filing 25 MINUTE ORDER granting 22 Motion for Order. The Clerk of the Court shall re-mail to the plaintiff and to his case manager a copy of this court's Order Setting Scheduling/Planning Conference 19 , by Magistrate Judge Michael J. Watanabe on 12/13/11.(lsw, )
October 20, 2011 Opinion or Order Filing 19 ORDER Setting Scheduling/Planning Conference. Scheduling Conference set for 12/20/2011 at 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. The Clerk of the Court shall add the following interested party to the manual notifica tion for this case: TO THE CASE MANAGER OF:Nathan Ybanez, # 102794, Sterling Correctional Facility, POB 6000, Sterling CO 80751, The Plaintiff shall appear telephonically and the plaintiff's case manager or prisoner coordinator shall make the appropriate arrangements, by Magistrate Judge Michael J. Watanabe on 10/20/11. (lsw, )
September 20, 2011 Opinion or Order Filing 13 ORDER on Motion to Dismiss. Defendants' 10 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED as to Claims Three and Four, and DENIED as to Claims One, Two, and Five, by Chief Judge Wiley Y. Daniel on 9/20/11.(lsw, )
November 19, 2010 Opinion or Order Filing 8 ORDER Granting Service by the United States Marshal re: 5 Amended Complaint filed by Nathan Ybanez by Chief Judge Wiley Y. Daniel on 11/18/2010. (erv, )
November 16, 2010 Opinion or Order Filing 6 ORDER DRAWING CASE. This case shall be drawn to a district judge and to a magistrate judge. By Magistrate Judge Boyd N. Boland on 11/16/2010. (sah, )
September 13, 2010 Opinion or Order Filing 1 ORDER Directing Clerk to Commence Civil Action and Directing Plaintiff to Cure Deficiency. Plaintiff instructed to submit a 1915 Motion and corrected Complaint, within 30 days, by Magistrate Judge Boyd N. Boland on 9/10/10. (lyg, )
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Plaintiff: Nathan Ybanez
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Defendant: Kevin Milyard
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Defendant: Mary Cox-Bergman
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Defendant: Steven May
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