Hayes v. Corrections Corporation of America et al
Michael T Hayes, Albert Pete Veenstra, III, Lonnie L Haggard, Levi J Talmage, Ronald D Lewis, James M Anderson and Tom Kessler |
Nancy Alyk, Katherine Livi, Debra Waters, Jodi Segel, Corrections Corporation of America, John Ferguson, Phillip Valdez, Idaho Correctional Center, Dan Prado, Nancy Baerlocher, Wayne Peterson, Klint Stander, Joseph Cordona, Rory OConner, Norma Rodriguez, Chris Rose, A Huntley, Daniel Hudon, Joel Taylor, James Quinn, Jeff Kirkman, Marti Moore, Brian Johnson, Patricia D. Willis, Brandon Delaney, Darold Breuer, Chester Penn, Livi, Jennifer Gardner, Joann Adams, Malcolm Beach, C/O Anderson, Valdez, Sharp, Idaho Dept of Corrections, Brent Reinke, Shannon Cluney, Timothy Wengler, Anastacio Prez, Dan Melody, Mark Worthington, Heather Weybright, Acel K Thacker, Waters, Segel, Lemasters and Bruce Cooper |
1:2010cv00011 |
January 11, 2010 |
US District Court for the District of Idaho |
Boise - Southern Office |
Ada - Southern |
Edward J. Lodge |
Prisoner: Civil Rights |
42 U.S.C. § 1983 |
Both |
Docket Report
This docket was last retrieved on October 15, 2015. A more recent docket listing may be available from PACER.
Document Text |
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Filing 142 MANDATE of USCA as to #140 Notice of Appeal filed by Michael T Hayes, #131 Notice of Appeal, filed by Michael T Hayes (cjs) |
Filing 141 MEMORANDUM of USCA as to #140 Amended Notice of Appeal filed by Michael T Hayes, #131 Notice of Appeal, filed by Michael T Hayes. The district court's judgment is AFFIRMED. (jp) |
Filing 140 AMENDED NOTICE OF APPEAL (13-35887) as to #78 , #42 , #122 , #129 by Michael T Hayes. (Notice sent to Court Reporter & 9th Cir) (jp) |
Filing 139 ORDER of USCA as to #131 Notice of Appeal, filed by Michael T Hayes (jp) |
Filing 138 ORDER granting in part and denying in part #136 Motion for Court to Order Clerk's Office to send Appellant copies of the documents to comprise the excerpts of record pursuant to 9th Circuit Rule 30-3. The Clerk of the Court shall provide the parts of the record set forth above (the docket sheet and Dkts. #61 , #64 , #65 , #74 , #93 , #95 , #122 , #129 , #130 and #131 ) to Plaintiff within 21 days of this Order. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
CERTIFICATE OF SERVICE by Clerk of Court of mailing docket sheet and Dkts. #61 , #64 , #65 , #74 , #93 , #95 , #122 , #129 , #130 and #131 per instruction of #138 Order. (cjm) |
Filing 137 LETTER REQUEST by Plaintiff Michael T Hayes for Complaint with Exhibits, Amended Complaints, all orders by Judge Lodge.(jp) |
Filing 136 MOTION for Court to Order Clerk's Office to send Appellant copies of the documents to comprise the excerpts of record pursuant to 9th Circuit Rule 30-3 by Plaintiff Michael T Hayes. Responses due by 5/9/2014 (jp) |
Filing 135 REQUEST by Plaintiff Michael T Hayes for Clerks Record. (Attachments: #1 Exhibit of USCA Order entered 9/17/2013 in case 1:09-cv-00122-BLW)(cjm)(Mailed docket sheet and letter on 4/11/2014.) |
Filing 134 NOTICE by Corrections Corporation of America, Brian Johnson, Valdez Termination of ECF as Attorney (Naylor, Kirtlan) |
Filing 133 USCA TIME SCHEDULE ORDER as to #131 Notice of Appeal, filed by Michael T Hayes. (Notice sent by e-mail to Court Reporter) (jp) |
Filing 132 USCA Case Number 13-35887 for #131 Notice of Appeal, filed by Michael T Hayes. (jp) |
Filing 131 NOTICE OF APPEAL as to #130 Judgment, by Michael T Hayes. Filing fee $ 455, Receipt # IDX10507. (Notice sent to Court Reporter & 9th Cir) (Attachments: #1 Exhibit Money Order sent for Appeal Filing Fee, #2 Cover Letter)(cjm)(Returned conformed copy in SASE on 9/23/2013.) (13-35887). |
RECEIPT: APPEAL FILING FEE Fee Received $455.00, receipt #IDX10507 PAID IN FULL. (jld) |
Filing 130 JUDGMENT In accordance with the Memorandum Decision and Order filed on this date, IT IS HEREBY ORDERED, ADJUDGED, and DECREED that this case is dismissed. Additionally, this case is hereby ordered closed. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
Filing 129 MEMORANDUM DECISION AND ORDER Defendant Bruce Cooper's Motion for Summary Judgment (Dkt. #120 ) is GRANTED. All claims against Defendant Cooper are hereby dismissed with prejudice. Plaintiff's Motion for Leave of Court to File Motion for Summary Judgment (Dkt. #123 ) is DENIED. Plaintiff Michael T. Hayes' Motion for Summary Judgment (Dkt. #124 ) is DENIED as untimely, and, alternatively, as meritless. Plaintiff's Motion in Opposition of Defendant Bruce Cooper's Motion forSummary Judgment (Dkt. 125) is GRANTED.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
Filing 128 REPLY to Response to Motion re #120 MOTION for Summary Judgment Reply Memorandum in Support of Defendant Bruce Cooper's Motion for Summary Judgment filed by Bruce Cooper.(Burke, John) |
Filing 127 MEMORANDUM in Opposition re #123 MOTION for Leave to File Memorandum in Opposition to Plaintiff's Motion for Leave of Court to File Motion for Summary Judgment filed by Bruce Cooper. Replies due by 5/13/2013.(Burke, John) |
Filing 126 Statement of Undisputed Facts in Support of Plaintiffs' #124 MOTION for Summary Judgment filed by Michael T Hayes. (Attachments: #1 Cover Letter)(cjm)(Conformed copy returned by cjm on 4/17/2013.) |
Filing 125 MOTION in opposition of Defendant Bruce Coopers Motion for Summary Judgment re #120 MOTION for Summary Judgment by Plaintiff Michael T Hayes. Responses due by 5/6/2013 (jp) |
Filing 124 MOTION for Summary Judgment by Plaintiff Michael T Hayes. Responses due by 5/6/2013 (Attachments: #1 Affidavit of Michael T. Hayes)(jp) |
Filing 123 Plaintiff MOTION for Leave of Court to File Motion for Summary Judgment by Plaintiff Michael T Hayes. Responses due by 5/6/2013 (jp) |
Filing 122 ORDER granting #98 Motion to Dismiss; denying as moot #101 Motion to Compel. Plaintiff shall timely respond to Defendant Coopers Motion for Summary Judgment #120 per the deadline already set by the clerk of the Court. The Court will issue a ruling on this Motion once the briefing is complete.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb) |
Filing 121 NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re #120 MOTION for Summary Judgment (cjm) |
Filing 120 MOTION for Summary Judgment John J Burke appearing for Defendant Bruce Cooper. Responses due by 4/1/2013 (Attachments: #1 Memorandum in Support, #2 Statement of Undisputed Facts, #3 Affidavit of Bruce Cooper, #4 Exhibit A, #5 Exhibit B, part 1, #6 Exhibit B, part 2, #7 Exhibit B, part 3, #8 Exhibit B, part 4, #9 Affidavit of John J. Burke, #10 Exhibit A, #11 Exhibit B)(Burke, John) |
Filing 119 ORDER denying #117 Plaintiff's Motion to Stay This Case Because of Undue Hardship on Victim Michael T Hayes. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
Filing 118 RESPONSE to Motion re #117 MOTION to Stay Objection filed by Corrections Corporation of America, Brian Johnson, Phillip Valdez. Replies due by 3/18/2013.(Stoll, James) |
Filing 117 MOTION to Stay This Case Because of Hardship on Victim Michael T Hayes by Plaintiff Michael T Hayes. Responses due by 3/22/2013 (cjm) |
Filing 116 ORDER denying #114 Motion for a 7-Day Time Enlargement to File a Third Amended Complaint. No further amendments to the Second Amended Complaint will be allowed. Defendant Cooper shall file his dispositive motion, if any, no later than the previous deadline of 3/11/2013. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
Filing 115 RESPONSE to Motion re #114 MOTION for Extension of Time to Amend CCA Defendants' Objection filed by Corrections Corporation of America, Brian Johnson, Phillip Valdez. Replies due by 3/11/2013.(Stoll, James) |
Filing 114 MOTION for a 7-Day Time Enlargement to File a Third Amended Complaint from 2/15/2013 to 2/22/2013, by Plaintiff Michael T Hayes. Responses due by 3/11/2013 (Attachments: #1 Exhibit, #2 Cover Letter)(cjm) |
Filing 113 ORDER denying #106 Motion to Dismiss with Prejudice the CCA Defendants' Premature Motion for Rule 12(b); granting in part and denying in part #108 Motion for a Continuation to Finish Dicovery; denying #109 Motion for Bench Warrant; denying #110 Motion for Bench Warrant; denying #111 Motion for Bench Warrant. The Motion #106 will be considered a supplemental response to the pending Motion to Dismiss. Defendants shall have until 2/8/2013, to complete their responses to Plaintiff's discovery requests. Plaintiff shall file a third amended complaint no later than 2/15/2013. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
Filing 112 REPLY to Response to Motion re #98 MOTION to Dismiss filed by Corrections Corporation of America, Brian Johnson, Phillip Valdez.(Stoll, James) |
Filing 111 MOTION for Bench Warrant by Plaintiff Michael T Hayes. Responses due by 2/22/2013 (cjm) |
Filing 110 MOTION for Bench Warrant by Plaintiff Michael T Hayes. Responses due by 2/22/2013 (cjm) |
Filing 109 MOTION for Bench Warrant by Plaintiff Michael T Hayes. Responses due by 2/22/2013 (Attachments: #1 Exhibit 1)(cjm) |
Filing 108 Plaintiff's Second MOTION for a Continuation to Finish Discovery by Plaintiff Michael T Hayes. Responses due by 2/22/2013 (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 No 1 to 11)(cjm) |
Filing 107 NOTICE of Compliance With Order of 1/9/2013 by Michael T Hayes re #104 Order, (Attachments: #1 Plaintiffs' Responses to ICC Defendant's First Request for Production of Documents)(cjm) |
Filing 106 MOTION to Dismiss With Prejudice the CCA Defendants Premature Motion for Rule 12(B) Motion to Dismiss #98 by Plaintiff Michael T Hayes. Responses due by 2/11/2013 (Attachments: #1 Exhibit)(cjm) |
Filing 105 Answer/RESPONSE to Motion re #98 MOTION to Dismiss filed by Michael T Hayes. Replies due by 2/4/2013. (Attachments: #1 Exhibit)(cjm) |
Filing 104 ORDER granting #102 Motion for a Continuance and for Clarification. Plaintiff shall file his third and final amended complaint no later than 2/11/2013. Plaintiff shall timely respond to #98 MOTION to Dismiss and to #101 MOTION to Compel Plaintiff to Respond to Discovery Requests per the deadlines already set by the Clerk of Court. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
Filing 103 NOTICE by Bruce Cooper Notice of Change of Law Firm (Burke, John) |
NOTICE TO COURT that counsel Jason R. Mau wishes to no longer be noticed electronically on this case as of the date of this notice. (Mau, Jason) |
Filing 101 MOTION to Compel Plaintiff to Respond to Discovery Requests James R. Stoll appearing for Defendants Corrections Corporation of America, Brian Johnson. Responses due by 1/22/2013 (Attachments: #1 Memorandum in Support of Motion to Compel Plaintiff to Respond to Discovery Requests, #2 Affidavit of James R. Stoll (in Support of Motion to Compel Plaintiff to Respond to Discovery Requests))(Stoll, James) |
Filing 102 MOTION for a Continuance and for MOTION for Clarification (Responses due by 1/22/2013)by Plaintiff Michael T Hayes. (cjm) |
Filing 100 MANDATE of USCA as to #81 Notice of Appeal filed by Michael T Hayes; #91 Order of USCA. (cjm) |
Filing 99 NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re #98 MOTION to Dismiss (cjm) |
Filing 98 MOTION to Dismiss James R. Stoll appearing for Defendants Corrections Corporation of America, Brian Johnson. Responses due by 1/11/2013 (Attachments: #1 Memorandum in Support, #2 Declaration of Margaret Purcell, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Exhibit D to Declaration, #7 Exhibit E to Declaration, #8 Exhibit F to Declaration, #9 Exhibit G to Declaration, #10 Exhibit G cont'd to Declaration, #11 Exhibit G cont'd to Declaration, #12 Exhibit H to Declaration)(Stoll, James) |
Filing 97 ORDER of USCA as to #81 Notice of Appeal filed by Michael T Hayes. The motion for reconsideration is denied. No further filings will be entertained in this closed case. (cjm) |
Filing 96 Plaintiff's NOTICE of Noncompliance of 10/1/2012 Court Order by Mark Kubinski by Michael T Hayes re #92 Order, (Attachments: #1 Exhibit Notice of Compliance, #2 Exhibit A)(cjm) |
Filing 95 ORDER dismissing all claims against Klint Stander (MD) and Rory OConner without prejudice. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
Filing 94 CERTIFICATE OF COMPLIANCE by Defendant Idaho Dept of Corrections re #92 Order on Motion for Discovery, Order on Motion for Reconsideration, Order on Motion to Appoint Counsel, Order on Motion for Miscellaneous Relief . (Attachments: #1 Exhibit)(Elia, Michael) |
Filing 93 ANSWER to #61 Amended Complaint,, Answer to Second Amended Civil Rights Complaint and Demand for Jury Trial by Bruce Cooper.(Burke, John) |
Filing 92 ORDER granting #80 Motion for Discovery and Interrogatory Continuance; denying #85 Motion for Reconsideration; denying without prejudice #87 Motion for Rule 53 Masters Appointment of Expert Witness Chase Riveland; granting in part and denying in part #88 Motion for Access to Legal Files, Exhibits, Case Evidence and Injunctive Relief. Plaintiff shall contact counsel for the prison, Mark Kubinski, to determine a plan to access Plaintiffs legal files (including exhibits and evidence) that is consistent with prison policy, and Plaintiff may seek reasonable extensions of time from the Court to perform certain tasks, if necessary. The Clerk of Court shall send Mr. Kubinski a courtesy copy of this Order at his ECF address. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm) |
CERTIFICATE OF SERVICE by Clerk of Court of #92 Order emailed to mkubinsk@idoc.idaho.gov, ablades@idoc.idaho.gov, kburnett@idoc.idaho.gov(cjm) |
Filing 91 ORDER of USCA Dismissing for lack of jurisdiction as to #81 Notice of Appeal filed by Michael T Hayes (dks) |
Filing 90 RESPONSE to Motion re #87 MOTION to Appoint Counsel filed by Corrections Corporation of America, Brian Johnson, Phillip Valdez. Replies due by 9/24/2012.(Stoll, James) |
Filing 89 REQUEST by Plaintiff Michael T Hayes for hearing(dks) |
Filing 88 MOTION for access to legal files, exhibits, case evidence and injunctive relief by Plaintiff Michael T Hayes. Responses due by 9/17/2012 (dks) |
Filing 87 MOTION for Rule 53 Masters Appointment of expert witness chase riveland Counsel by Plaintiff Michael T Hayes. Responses due by 9/17/2012 (Attachments: #1 Exhibits)(dks) |
Filing 86 WAIVER OF SERVICE Returned Executed by Bruce Cooper. Bruce Cooper waiver sent on 8/22/2012, answer due 10/22/2012. (Burke, John) |
Filing 85 MOTION for Reconsideration re #78 Order by Plaintiff Michael T Hayes. Responses due by 8/30/2012 (dks) |
Filing 84 NOTICE of Objection by Michael T Hayes re #78 Order (dks) |
Filing 83 USCA Time Schedule Order as to #81 Notice of Appeal filed by Michael T Hayes. (Notice sent by e-mail to Court Reporter) (dks) |
Filing 82 USCA Case Number 12-35642 for #81 Notice of Appeal filed by Michael T Hayes. (dks) |
Filing 81 NOTICE OF APPEAL (12-35642) as to #78 Order by Michael T Hayes. (Notice sent to Court Reporter & 9th Cir) (Attachments: #1 Application for in forma pauperis status, #2 Statement of Trust Fund Account)(dks) |
Filing 80 MOTION for Discovery and Interrogatory Continuance by Plaintiff Michael T Hayes. Responses due by 8/9/2012 (dks) |
Filing 79 Summons Issued as to Rory OConner, Klint Stander, Bruce Cooper. (Summonses mailed to Michael Hayes for service) (Attachments: #1 Summons, #2 Summons)(ja) |
Filing 78 ORDER Plaintiff's Motion for Clarification on the Orofino Issue (Dkt. #71 ) is GRANTED, to the extent that the court has clarified that Plaintiff may not bring his Orofino claims in this action. Plaintiff's "Motions for Summons" (Dkt. #70 , #76 ) are GRANTED. The Clerk of Court shall issue summonses for Klint Stander, Rory OConnor, and Bruce Cooper to Plaintiff. Plaintiff's "Motion to Take Judicial Notice of the Discovery Proceedings" (Dkt. #75 ) is DENIED. Plaintiff shall serve the remaining defendants no later than 9/28/12. Discovery shall be completed by 12/31/12. A motion to amend must be filed by 1/11/13. Dispositive motions due the later of 3/11/13 or 30 days after an order on a motion to amend is issued. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ja) |
Set Deadlines/Hearings: Amended Pleadings due by 1/11/2013. Discovery due by 12/31/2012. Dispositive Motions due by 3/11/2013. (ja) |
Filing 77 CERTIFICATE OF SERVICE by Michael T Hayes re #75 MOTION to Take Judicial Notice, #76 MOTION (dks) |
Filing 76 MOTION for summons by Plaintiff Michael T Hayes. Responses due by 7/16/2012 (Attachments: #1 proposed suumons)(dks) |
Filing 75 MOTION to Take Judicial Notice of the discovery proceedings thus farby Plaintiff Michael T Hayes. Responses due by 7/16/2012 (dks) |
Filing 74 ANSWER to #61 Amended Complaint,, by Corrections Corporation of America, Brian Johnson, Phillip Valdez.(Stoll, James) |
Filing 73 NOTICE of Appearance by James R. Stoll on behalf of Corrections Corporation of America, Brian Johnson, Phillip Valdez (Stoll, James) |
Filing 72 RESPONSE to Motion re #71 MOTION to Clarify filed by Idaho Dept of Corrections. Replies due by 3/26/2012. (Attachments: #1 Exhibit)(Elia, Michael) |
Filing 71 MOTION for Clarification on Orofino Issue by Plaintiff Michael T Hayes. Responses due by 3/8/2012 (cjm) |
Filing 70 MOTION for Summons by Plaintiff Michael T Hayes. Responses due by 3/8/2012 (cjm) |
Filing 69 Minute Entry for proceedings held before Judge Mikel H. Williams: Settlement Conference held on 1/12/2012, parties appeared and negotiated under the Court's direction and supervision. Settlement not reached at this time. (Court Reporter/ESR not recorded.) (so) |
Filing 68 ORDER to Transport Prisoner; IDOC to take appropriate measures to transport Michael T. Hayes to Courtroom #1 in Boise on 1/12/2012 beginning at 8:45 am for hearing at 9:00 am (Notice sent to USMS). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)(Emailed to D Bromley and M Thorusen at IDOC and hard copy to USM by cjm.) |
Set/Reset Hearings: Settlement Conference set for 1/5/2012 VACATED. Settlement Conference set for 1/12/2012 09:00 AM in Boise - Courtroom 1 before Judge Mikel H. Williams. (so) |
Filing 67 DOCKET ENTRY ORDER resetting settlement conference. IT IS HEREBY ORDERED that the settlement conference previously scheduled for January 5 and 6, 2012, is RESET for January 12, 2012 at 9 a.m. in Boise - Courtroom 1 - before Judge Mikel H. Williams. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cld) (mailed by jm on 1/5/12) (jm). |
Filing 66 DOCKET ENTRY ORDER re #63 Order to Transport, #62 Order, Set Hearings. IT IS HEREBY ORDERED that the settlement conference scheduled in this case for January 5 and 6, 2012 is VACATED and will be reset in a separate order. IT IS FURTHER HEREBY ORDERED that the #63 Order to Transport directing IDOC to transport Michael T. Hayes for the settlement conference is VACATED. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cld) (mailed by jm on 1/4/12) (jm). |
Filing 65 ORDER re #61 Amended Complaint and #64 Supplement filed by Michael T Hayes. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dmc) |
Set/Reset Hearings: (CHANGE IN COURTROOM ONLY) Settlement Conference set for 1/5/2012 09:00 AM in Boise - Courtroom 2 before Judge Mikel H. Williams. (so) |
Filing 64 SUPPLEMENT (Part C) by Plaintiff Michael T Hayes re #61 Second Amended Complaint,,. (dks) |
Filing 63 ORDER to Transport ; IDOC to take appropriate measures to transport Michael T. Hayes to Courtroom 1, 6th Floor, 550 W Fort St., Boise, ID on 1/5/12 and 1/6/12 beginning at 9:00 a.m. (Notice sent to USMS). Signed by Judge Edward J. Lodge. (Copy emailed to appropriate parties)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Set/Reset Hearings: Settlement Conference set for 1/5/2012 and 1/6/2012 09:00 AM in Boise - Courtroom 1 before Judge Mikel H. Williams. (dks) |
Filing 62 SETTLEMENT CONFERENCE ORDER, ( Settlement Conference set for 1/5/2012 and 1/6/2012 09:30 AM in Boise - Courtroom 1 before Judge Mikel H. Williams). Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 61 SECOND AMENDED COMPLAINT-Part A against Joann Adams, James M Anderson, Nancy Baerlocher, Malcolm Beach, Darold Breuer, Joseph Cordona, Corrections Corporation of America, Brandon Delaney, John Ferguson, Jennifer Gardner, Daniel Hudon, A Huntley, Idaho Correctional Center, Brian Johnson, Jeff Kirkman, Katherine Livi, Marti Moore, Rory OConner, Chester Penn, Wayne Peterson, Dan Prado, James Quinn, Norma Rodriguez, Chris Rose, Sharp, Klint Stander, Joel Taylor, Valdez, Phillip Valdez, Patricia D. Willis, filed by Michael T Hayes. (Attachments: #1 Part B, #2 Notice of Compliance, #3 Letter from Michael T. Hayes)(dks) |
Set/Reset Hearings: (CHANGE IN COURTROOM ONLY) Settlement Conference set for 1/5/2012 09:30 AM in Boise - Courtroom 2 before Judge Mikel H. Williams. (so) |
Filing 60 ORDER denying #45 Motion for return of pla's journel (and other items) ; denying #46 Motion for Reconsideration ; denying #46 Motion to Take Judicial Notice; denying #49 Motion ; granting #53 Motion to Clarify; Second Amended complaint due 12/3/11. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 59 MANDATE of USCA as to #50 Notice of Appeal, filed by Michael T Hayes (dks) |
Set Hearings: Settlement Conference set for 1/5/2012 09:30 AM in Boise - Courtroom 1 before Judge Mikel H. Williams. Conference is set to continue on 1/6/2012 9:30 AM. Per Order dkt #58.(cjm) |
Filing 58 DOCKET ENTRY ORDER - The Order of Referral #12 for a Triage/Settlement Conference is hereby vacated. IT IS HEREBY ORDERED THAT this matter shall be referred to United States Magistrate Judge Mikel H. Williams, United States District Court for the District of Idaho, and Susie Headlee, the Court's ADR Director, for the purpose of conducting a co-mediated Settlement Conference. Local Rule 16.4. The Settlement Conference shall be conducted on January 5 and 6, 2012 at the James A. McClure Federal Building and U.S. Courthouse in Boise, Idaho. The Settlement Conference will also include Hayes v. Valdez, CV-09-122-S-BLW, and Hayes v. Valdez, CV-09-555-S-BLW. A Settlement Questionnaire and Order of Transport will be mailed separately. Signed by Judge Edward J. Lodge.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by the Court on November 4, 2011) (sbh). (Mailed to Plaintiff Hayes on 11/4/2011 by cjm). |
Filing 57 ORDER of USCA dismissing for lack of jurisdiction as to #50 Notice of Appeal, filed by Michael T Hayes (dks) |
Filing 56 RESPONSE to Motion re #49 MOTION filed by Joann Adams, C/O Anderson, Corrections Corporation of America, Brandon Delaney, John Ferguson, Jennifer Gardner, Daniel Hudon, A Huntley, Idaho Correctional Center, Brian Johnson, Marti Moore, Chester Penn, Wayne Peterson, Dan Prado, James Quinn, Norma Rodriguez, Chris Rose, Sharp, Joel Taylor, Phillip Valdez. Replies due by 10/20/2011.(Stoll, James) |
Filing 55 STATUS REPORT TO THE COURT by Idaho Dept of Corrections. (Attachments: #1 Exhibit A)(Elia, Michael) |
Filing 54 NOTICE of Appearance by Michael J Elia on behalf of Idaho Dept of Corrections (Elia, Michael) |
Filing 53 MOTION to Clarify (Doc #42) Order of 8/3/11by Plaintiff Michael T Hayes. Responses due by 10/21/2011 (dks) |
Filing 52 USCA Time Scheduling Order as to #50 Notice of Appeal, filed by Michael T Hayes. (Notice sent by e-mail to Court Reporter) (dks) |
Filing 51 USCA Case Number 11-35763 for #50 Notice of Appeal, filed by Michael T Hayes. (dks) |
Filing 50 NOTICE OF APPEAL as to #42 Order on Motion for Return of Property, Order on Motion for Miscellaneous Relief by Michael T Hayes. (Notice sent to Court Reporter & 9th Cir) (Attachments: #1 Application for in forma pauperis status, #2 Sealed Statement of Trust Fund Account)(dks) |
Filing 49 MOTION and notice of stipulation for the return of all legal files, journals, all exhibits, all evidence, all case law, all legal research, all work product, all law books, all ink pens, pla's typewriter and all pla's personal property by Plaintiff Michael T Hayes. Responses due by 10/3/2011 (dks) |
Filing 48 NOTICE of Change of Address by Michael T Hayes (dks) |
Filing 47 RESPONSE to Motion re #46 MOTION for Reconsideration re #42 Order on Motion for Return of Property, Order on Motion for Miscellaneous Relief,,,,,,,, MOTION to Take Judicial Notice, #45 MOTION for return of pla's journal and all evidence, with all other personald property filed by Joann Adams, C/O Anderson, Corrections Corporation of America, Brandon Delaney, John Ferguson, Jennifer Gardner, Daniel Hudon, A Huntley, Idaho Correctional Center, Brian Johnson, Marti Moore, Chester Penn, Wayne Peterson, Dan Prado, James Quinn, Norma Rodriguez, Chris Rose, Sharp, Joel Taylor, Phillip Valdez. Replies due by 9/19/2011. (Attachments: #1 Affidavit of Peggy Burch)(Naylor, Kirtlan) |
Filing 46 MOTION for Reconsideration re #42 Order on Motion for Return of Property, Order on Motion for Miscellaneous Relief, MOTION to Take Judicial Notice ( Responses due by 9/19/2011)by Plaintiff Michael T Hayes. (dks) |
Filing 45 SECOND MOTION for return of pla's journal and all evidence, with all other personal property by Plaintiff Michael T Hayes. Responses due by 9/12/2011 (dks) |
Filing 44 NOTICE OF OBJECTION re #42 Order on Motion for Return of Property, Order on Motion for Miscellaneous Relief, filed by Michael T Hayes. (dks) |
Filing 43 RETURN MAIL undelivered as to James M Anderson re: #42 Order on Motion for Return of Property, Order on Motion for Miscellaneous Relief(dks) |
Filing 42 ORDER finding as moot #19 Motion for Return of Property; denying #41 Motion for Bench Warrant; Plaintiffs are not permitted to proceed on their Amended Complaint (Dkt. 34.) Each new Plaintiff who wishes to proceed shall file an in forma pauperis application (or remit the filing fee) and a new complaint in a new action. Plaintiff Hayes shall file a second amended complaint within 60 days after entry of this Order. The Court will review Plaintiff Hayess second amended complaint when filed. The parties shall not file anything further in this case until the Court issues an order reviewing the second amended complaint. The time periods set forth in the Waiver of Service (Dkt. 37) are SUSPENDED. No motion for default judgment will be entertained, and no discovery shall be propounded. If the Court permits Plaintiff Hayes to proceed on his second amended complaint, the Court will set a deadline for answers and preanswer motions.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 41 MOTION for Bench Warrant by Plaintiff Michael T Hayes. Responses due by 8/15/2011 (cjm) |
Filing 40 NOTICE of Verification by Lonnie L Haggard (dks) |
Filing 39 NOTICE of Verification by Ronald D Lewis (dks) |
Filing 38 NOTICE of verification of Albert Pete Veenstra, III (dks) |
Filing 37 WAIVER OF SERVICE Returned Executed by Heather Weybright, Jennifer Gardner, James Quinn, Corrections Corporation of America, Timothy Wengler, Acel K Thacker, Segel, A Huntley, Brian Johnson, Lemasters, Chester Penn, Anastacio Prez, Dan Melody, Brandon Delaney, Chris Rose, John Ferguson, Norma Rodriguez, Mark Worthington, Daniel Hudon, Wayne Peterson, Waters, Marti Moore, Idaho Correctional Center. Heather Weybright waiver sent on 5/5/2011, answer due 7/5/2011; Jennifer Gardner waiver sent on 5/5/2011, answer due 7/5/2011; James Quinn waiver sent on 5/5/2011, answer due 7/5/2011; Corrections Corporation of America waiver sent on 5/5/2011, answer due 7/5/2011; Timothy Wengler waiver sent on 5/5/2011, answer due 7/5/2011; Acel K Thacker waiver sent on 5/5/2011, answer due 7/5/2011; Segel waiver sent on 5/5/2011, answer due 7/5/2011; A Huntley waiver sent on 5/5/2011, answer due 7/5/2011; Brian Johnson waiver sent on 5/5/2011, answer due 7/5/2011; Lemasters waiver sent on 5/5/2011, answer due 7/5/2011; Chester Penn waiver sent on 5/5/2011, answer due 7/5/2011; Anastacio Prez waiver sent on 5/5/2011, answer due 7/5/2011; Dan Melody waiver sent on 5/5/2011, answer due 7/5/2011; Brandon Delaney waiver sent on 5/5/2011, answer due 7/5/2011; Chris Rose waiver sent on 5/5/2011, answer due 7/5/2011; John Ferguson waiver sent on 5/5/2011, answer due 7/5/2011; Norma Rodriguez waiver sent on 5/5/2011, answer due 7/5/2011; Mark Worthington waiver sent on 5/5/2011, answer due 7/5/2011; Daniel Hudon waiver sent on 5/5/2011, answer due 7/5/2011; Wayne Peterson waiver sent on 5/5/2011, answer due 7/5/2011; Waters waiver sent on 5/5/2011, answer due 7/5/2011; Marti Moore waiver sent on 5/5/2011, answer due 7/5/2011; Idaho Correctional Center waiver sent on 5/5/2011, answer due 7/5/2011. (Naylor, Kirtlan) |
Filing 36 CERTIFICATE of Clerk re #31 Limited Case Management Order, #34 Amended Complaint, (dks) |
Filing 35 Letter from Michael T. Hayes(dks) |
Filing 34 FIRST AMENDED COMPLAINT against Shannon Cluney, Idaho Dept of Corrections, Jeff Kirkman, Brent Reinke, filed by Michael T Hayes, Albert Pete Veenstra, III, James M Anderson, Levi J Talmage, Ronald D Lewis, Lonnie L Haggard. (Attachments: #1 Cont'd, #2 Exhibits)(dks) |
Filing 33 ORDER granting #32 Motion for Leave to File an amended complaint; ddl 4/28/11. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 32 MOTION for Leave to File First Amended Complaintby Plaintiff Michael T Hayes. Responses due by 3/24/2011 (Attachments: #1 Affidavit of Michael T. Hayes)(dks) |
Filing 31 LIMITED CASE MANAGEMENT ORDER, ( Amended Complaint due by 4/15/2011.). Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks) |
Filing 30 THIRD TRIAGE STATUS REPORT Ultimately, the settlement conference did not resolve any pending issues. The undersigned finds that additional triage or settlement discussions would not be effective and the case should proceed on a case management track. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 29 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Early Neutral Evaluation Conference held on 11/2/2010. Status Report forthcoming. (Hearing not recorded.) (ah) |
Filing 28 Sealed Document (dks) Modified on 10/27/2010 to remove image as per chambers (jm). |
Filing 27 TRANSPORT ORDER; IDOC to take appropriate measures to transport Michael T. Hayes to US District Court, 550 W Fort Street, Boise Idaho on 11/2/10 beginning at 8:30 AM (Notice sent to USMS). Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 26 DOCKET ENTRY ORDER - The deadline for Triage Conference previously set by Docket Entry Order (Docket No. 23) is hereby extended to November 5, 2010. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) dh)(mailed by cjm) |
Filing 24 SECOND TRIAGE CONFERENCE STATUS REPORT, (Settlement Conference set for 11/2/2010 09:00 AM in Boise, ID before Judge Candy W Dale.). Plaintiff may file a list of issues that he would like to discuss at the settlement conference. The list shall be submitted to Judge Dale by 10/19/2010. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 25 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Appearance by Plaintiff Michael Hayes, pro se; James Stoll for CCA; Krista Howard, Michael Elia and Steven Kraft for IDOC. Continued Telephonic Triage Hearing held on 9/17/2010. Parties agree to participate in a judicially supervised settlement conference. Plaintiff may file a list of issues that he would like to discuss at the settlement conference. The list shall be submitted to Judge Dale by 10/19/2010. (Settlement Conference set for 11/2/2010 09:00 AM in Boise, ID before Judge Candy W Dale.) Second Triage Conference Status Report forthcoming. (Hearing not recorded.) (ah) |
Filing 23 DOCKET ENTRY ORDER: The deadline for Triage Conference previously set by Docket Entry Order (Docket No. 17)is hereby extended to October 15, 2010. Signed by Judge Edward J. Lodge.(kp) |
Filing 22 Docket Text Minute Entry for proceedings held before Judge Candy W Dale: Appearance by Plaintiff Michael Hayes, pro se; James Stoll for CCA; Krista Howard and Michael Elia for IDOC; Joseph McCollum for PHS. Telephonic Triage Hearing held on 9/2/2010. Counsel agreed to file limited Notice of Appearance in this matter for the purpose of triage. Parties agree to continue Triage Conference to later date, in order to provide counsel time to address pending Motion to Return Legal Files (Docket #19 ). Status Report to be filed by Mr. Stoll by 9/10/2010. (Continued Telephonic Triage Hearing set for 9/17/2010 10:30 AM before Judge Candy W Dale. Counsel for Defendant CCA to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-1504.) Triage Conference Status Report forthcoming. (Hearing not recorded.) (ah) |
Filing 21 TRIAGE CONFERENCE STATUS REPORT re #12 Order, 17 Order. A triage conference was held 9/2/10. Mr. Stoll agreed to submit a status report via email by 9/10/10 concerning the pending Motion to Return Legal Files (Docket No. #19 ). With the district court's permission, the undersigned would like to continue the triage conference on Friday, September 17, 2010 at 10:30 a.m. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) |
Filing 20 NOTICE of Appearance by James R. Stoll on behalf of Joann Adams, C/O Anderson, Nancy Baerlocher, Corrections Corporation of America, Brandon Delaney, John Ferguson, Jennifer Gardner, Daniel Hudon, A Huntley, Idaho Correctional Center, Brian Johnson, Livi, Marti Moore, Chester Penn, Wayne Peterson, Dan Prado, James Quinn, Norma Rodriguez, Chris Rose, Sharp, Klint Stander, Joel Taylor, Valdez, Phillip Valdez (Stoll, James) |
Set Deadlines/Hearings: Status Report due by 9/10/2010 via email to CWD_orders@id.uscourts.gov; Telephonic Triage Hearing reset for 9/17/2010 10:30 AM in Boise Chambers before Judge Candy W Dale. (jm) |
Filing 19 MOTION for Return Legal Files, Journals, All Exhibits, Evidence, Case Law, Legal Research, and Work Product to Plaintiff by Plaintiff Michael T Hayes. Responses due by 9/23/2010 (Attachments: #1 Exhibit)(cjm) |
Filing 18 NOTICE of Objection to the Change of the Date of the Triage Conference by Michael T Hayes re 17 Order, (jm) |
Filing 17 DOCKET ENTRY ORDER - The deadline for Triage Conference previously set by Order #12 of the Court is hereby extended to September 3, 2010. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dh) |
Filing 16 AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Triage Conference currently set for 8/5/2010 01:30 PM is hereby VACATED and RE-SET for 9/2/2010 10:30 AM before Judge Candy W Dale. Counsel for Defendants shall be responsible for setting up the conference call and when all parties are on the line, connect to the courtroom at 208-334-1504. (ah) |
COURT'S CERTIFICATE of Service - a copy of 16 Amended Docket Entry Notice of Hearing has been emailed to: ppanther@idoc.idaho.gov, jmccollum@hawleytroxell.com and kirt@naylorhales.com. Mailed to: Steve Groom, Deputy General Counsel, Corrections Corporation of America, 10 Burton Hills Boulevard, Nashville, TN 37215 and Michael T Hayes #20633 ICC - M-2-C Idaho Correctional Center PO Box 70010 Boise, ID 83707. (ah) |
Filing 15 CERTIFICATE of Clerk re #14 Order, Set Hearings. Emailed to ppanther@idoc.idaho.gov, jjb@hallfarley.com, jmccollum@hawleytroxell.com, kirt@naylorhales.com. Mailed to Steve Groom, Deputy General Counsel, Corrections Corporation of America, 10 Burton Hills Boulevard, Nashville, TN 37215. (cjm) |
Filing 14 ORDER SETTING TRIAGE CONFERENCE re #12 Order of Referral for Triage, (Early Neutral Evaluation set for 8/5/2010 01:30 PM in Boise Chambers before Judge Candy W Dale.). The Clerk of Court shall send a copy of this Order to Paul Panther, Idaho Attorney General's Office, John Burke, Joseph McCollum, Kirtlan Naylor, and Steve Groom. Signed by Judge Candy W Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 12 ORDER OF REFERRAL FOR TRIAGE finding as moot #9 Motion to Disqualify. This matter is referred to Chief Magistrate Judge Candy W. Dale to conduct the triage conference. As previously ordered, the conference shall take place by 8/16/2010. Judge Dale will issue a separate order setting the date and time for conference. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
Filing 13 RESPONSE/Motion and Notice of Objection to Initial Review Order of 6/4/210 by Judge Edward J. Lodge re #4 Order Referring Case to Magistrate Judge,, filed by Michael T Hayes. (cjm) |
Filing 11 DOCKET ENTRY ORDER - Plaintiff's Motion #7 for Leave to file an Amended Complaint is hereby GRANTED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dh) |
Filing 10 AFFIDAVIT of Michael T Hayes Charging Bias and Prejudice of Magistrate Judge re #9 MOTION re 8 Notice of Hearing, #4 Order Referring Case to Magistrate Judge,, filed by Michael T Hayes. (Attachments: #1 Exhibit)(cjm) |
Filing 9 MOTION and NOTICE of Rule 455 B-(1) Disqualification of Magistrate Judge for Cause, re 8 Notice of Hearing, #4 Order Referring Case to Magistrate Judgeby Plaintiff Michael T Hayes. Responses due by 7/15/2010 (cjm) |
Filing 8 DOCKET TEXT NOTICE of Hearing: Telephonic Triage Hearing set for 8/5/2010 01:30 PM in Boise, ID before Judge Ronald E Bush. Order to follow.(lc) |
Filing 7 MOTION for Leave of Court to File Amended Complaint Pursuant to Initial Review Order re: #4 Initial Review Order by Plaintiff Michael T Hayes. Responses due by 7/12/2010 (cjm) |
Filing 6 CERTIFICATE OF SERVICE re #4 Order Referring Case to Magistrate Judge, mailed to Steve Groom, Deputy General Counsel, Corrections Corporation of America (CCA), 10 Burton Hills Boulevard, Nashville, TN 37215. (cjm) |
Filing 5 CERTIFICATE OF SERVICE for #4 Order Referring Case to Magistrate Judge. Emailed to ppanther@idoc.idaho.gov, jjb@hallfarley.com, jmccollum@hawleytroxell.com, and kirt@naylorhales.com. (cjm) |
Filing 4 INITIAL REVIEW ORDER AND ORDER OF REFERRAL FOR TRIAGE CONFERENCE. This matter is referred to Magistrate Judge Ronald E. Bush to hold a telephonic triage conference (ENE). Triage shall be held by 8/16/2010. It is further hereby ORDERED that the Clerk of Court shall send a copy of this Order to Paul Panther, Idaho Attorney General's Office, for the IDOC Defendants; John Burke, Counsel for Correctional Medical Services; Joseph McCollum, Counsel for Prison Health Services; and Kirtlan Naylor and Steve Groom, Counsel for CCA, at their registered ECF addresses.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) |
RECEIPT: Civil Filing Fee Fee Received $350.00, receipt #IDX1246 PAID IN FULL. (jld) |
Filing 3 ORDER of Conditional Filing - (cjm) |
Filing 2 A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(cjm) |
Filing 1 COMPLAINT against Joann Adams, C/O Anderson, Nancy Baerlocher, Malcolm Beach, Darold Breuer, Joseph Cordona, Corrections Corporation of America, Brandon Delaney, John Ferguson, Jennifer Gardner, Daniel Hudon, A Huntley, Idaho Correctional Center, Brian Johnson, Jeff Kirkman, Livi, Marti Moore, Rory OConner, Chester Penn, Wayne Peterson, Dan Prado, James Quinn, Norma Rodriguez, Chris Rose, Sharp, Klint Stander, Joel Taylor, Valdez, Phillip Valdez, Patricia D. Willis, filed by Michael T Hayes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(cjm) |
DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Edward J. Lodge for all further proceedings. Judge Larry M. Boyle no longer assigned to case. Please use this case number on all future pleadings, CV-10-011-S-EJL (cjm) |
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