Wolf et al v. Otter et al
| Andrew J.J. Wolf, R Hans Kruger and David S Begley |
| C.L. Butch Otter, Lawrence Wasden, Idaho State Board of Corrections, Robin Sandy, J R Van Tassell, Jay Nielson, Idaho Commission of Pardons and Parole, Olivia Craven, Bill Young, Mark Funaiole, Jane Dressen, Norman Langerak, Mike Matthews, Brent Reinke, Corrections Corporation of America, Tim Wengler and Corizon Inc |
| 1:2012cv00526 |
| October 15, 2012 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
217
MEMORANDUM DECISION AND ORDER Defendant Atencio's Motion to Seal (Dkt. 162 ) is GRANTED. Defendant Atencio's Motion to Seal (Dkt. 178 ) is GRANTED in part and DENIED in part as follows: Defendant shall submit redacted versions of all doc uments contained within Dockets 178 through 184 within 60 days of this Order in accordance with the guidelines explained above. Defendant Atencio's Second Motion for Summary Judgment (Dkt. 179 ) is GRANTED. The Court will enter judgment separa tely. The Clerk shall ADMINISTRATIVELY TERMINATE plaintiffs' "motions" at Dkts. 194 and 195 . The Court construed these pleadings as response briefs and considered them in ruling on Defendant's 7/29/16 Motion to Seal. Plainti ffs' Third Request for Judicial Notice (Dkt. 196 ) is DENIED. Plaintiffs' Motion to Stay Summary Judgment Motion (Dkt. 201 ) is DENIED. Defendant's Motion to Seal (Dkt. 211 ) is GRANTED. Plaintiffs' Motion to Stay Pending Interlocutory Appeal (Dkt. 213 ) is DENIED. 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 (jp)
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Filing
202
MEMORANDUM DECISION & ORDER Plaintiffs' Motion to Alter, Amend, Vacate or Reconsider Re: Dkt. 168 (Dkt. 170 ) is DENIED. Plaintiffs' Motion to Reconsider Re: Docket 160 (Dkt. 173 ) is DENIED. Plaintiff's Motion for Leave to Conduct Further Discovery (Dkt. 176 ) is DENIED. The Court will REFRAIN FROM RULING on Defendant's Second Motion for Summary Judgment (Dkt. 179 ) and the various, related motions including motions to seal and unseal (Dkts. 178 , 194 , 195 ) and pl aintiffs' request for judicial notice (Dkt. 196 ) until plaintiffs have had the opportunity to submit a substantive response to the motion and defendant has had the opportunity to reply. See2/14/17 Order, Dkt. 200 (ordering plaintiffs to sub mit any substantive response by no later than 3/1/17, with the optional reply brief due 3/8/17). Plaintiffs' Motion for Leave to File More than Three Motions (Dkt. 191 ) is DENIED. 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 (jp)
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Filing
200
MEMORANDUM DECISION & ORDER Plaintiffs' Motion for an Enlargement of Time to Respond to Defendant Kempfs Second Motion for Summary Judgment (Dkt. 192 ) is GRANTED in part and DENIED in part as follows: The motion is DENIED to the extent plainti ffs seek an order allowing them to file a substantive response to the summary-judgment motion after this Court has ruled on plaintiffs' various pending motions in this case. The motion is GRANTED to the extent the Court will allow plaintiffs un til 3/1/17 to file a substantive response to defendant's pending summary-judgment motion. Defendant's optional reply brief is due by 12:00 p.m. on 3/8/17.. 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 (jp)
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Filing
168
MEMORANDUM DECISION AND ORDER Plaintiff Kruger's Motion for Clarification (Dkt. 165 ) is DENIED. Defendant Kempf's Motion to Modify Orders re Scheduling (Dkt. 167 ) is GRANTED in part and DENIED in part. ( Defendant Kempf may renew his motion for summary judgment on certain claims, as contemplated in this Court's 3/31/16 Order, by no later than 7/29/16: Case Mgmt Ddl set for 7/29/2016). 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 (jp)
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Filing
158
MEMORANDUM DECISION AND ORDER Plaintiffs' unopposed Motion to Lodge Amended Supplement to Initial Disclosure Statement (Dkt. 106 ) is GRANTED. Plaintiff's Motions for Leave to File More than Three Motions (Dkt. 111 , 150 ) are DENIED. P laintiffs' Motion for Extension of Time in Which to File an Amended Complaint (Dkt. 112 ) is DENIED. Plaintiff's Motions to Supplement Motion for Extension of Time, which are construed as motions to modify the scheduling order (Dkt. 138 , 146 ), are DENIED. Plaintiffs' Renewed Motion to Appoint Counsel (Dkt. 113 ) is DENIED. Plaintiffs' Motion to Seal (Dkt. 116 ) is GRANTED. Defense counsel is instructed to work with the Clerks office in accordance with the instructions given above. Defendants' Motion for a Protective Order (Dkt. 124 ) is DEEMED MOOT. Defendants' Motion for Leave to File Excess Pages (Dkt. 131 ) is GRANTED. Plaintiffs' Motion to File Overlength Response (Dkt. 136 ) is GRANTED. Pla intiff's Motion to Amend Prisoner Civil Rights Complaint (Dkt. 151 ) is DENIED. Plaintiffs' Renewed Motion for Three Judge Court (Dkt. 152) is DENIED. Plaintiffs' Renewed Motion for Class Certification (Dkt. 153) is DENIED. Plaintiffs ' Motion to Seal (Dkt. 154 ) is DEEMED MOOT. Plaintiffs' Request for a Status Conference (Dkt. 155 ) is DENIED. 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 (jp)
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Filing
85
MEMORANDUM DECISION AND ORDER Defendant Reinke's Motion to Dismiss, treated as a motion for summary judgment (Dkt. 46 ), is GRANTED IN PART and DENIED IN PART. Defendant Reinke's Motion to Strike Portions of the Affidavits of Wolf, Kruger , and Allison in Support of Plaintiffs' Supplemental Response (Dkt. 84 ) is DENIED. The CCA Defendants' Motion to Dismiss Injunctive Relief Claims (Dkt. 62 ) is GRANTED. All injunctive relief claims against Defendants CCA and Ellis are DIS MISSED. the following Defendants are DISMISSED from this action: Defendants Otter, Wasden, Sandy, Van Tassel, Nielson, Craven, Funaiole, Dressen, Langerak, Matthews, Corizon, and Ellis. Plaintiff Begley is formally DISMISSED from this action. Plainti ffs' Motion for Contempt (Dkt. 81 ) is DENIED. Defendant Reinke's unopposed Motion to Seal (Dkt. 70 ) is RANTED. Plaintiffs' unopposed Motion to Lodge Plaintiff Wolf's Rule 26 Disclosures (Dkt. 74 ) is GRANTED. Defendant Re inke shall file his Answer within 21 days of the date of this Order, after which the Court will issue a scheduling order to govern the remainder of these proceedings. 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 (jp)
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Filing
76
MEMORANDUM DECISION AND ORDER CCA Defendants' Motion to Dismiss (Dkt. 44 ) is GRANTED. All of Plaintiff Kruger's claims against Defendants CCA and Ellis are DISMISSED without prejudice. 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 (jp)
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