Pickett v. Boise Police Department, et al.
| Dennis J Pickett |
| Kepa Zubizarreta, Matthew Bryngelson, Amy Morgan, John Doe I-XL and Boise Police Department |
| 1:2020cv00379 |
| July 30, 2020 |
| US District Court for the District of Idaho |
| Candy W Dale |
| David C Nye |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
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Filing 35
JUDGMENT. Judgment is hereby entered for Defendants and against Plaintiff. 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 (alw)
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Filing 34
MEMORANDUM DECISION AND ORDER. Defendants Motion for Summary Judgment (Dkt. #28 ) is GRANTED. Plaintiffs Motion to Compel (Dkt. #20 ) is DENIED as MOOT. 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 (alw)
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Filing 33
REPLY to Response to Motion re #28 MOTION for Summary Judgment filed by Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Kepa Zubizarreta.Motion Ripe Deadline set for 2/23/2022.(Klaas, Oscar)
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Filing 32
Motion to Object to Motion re #28 MOTION for Summary Judgment filed by Dennis J Pickett. Replies due by 2/22/2022. (Attachments: #1 Memorandum in Support, #2 envelope)(alw) 1 Disc received in the mail labeled "Exhibit 1". Lodged in clerks file room. Modified on 2/7/2022 to show receipt of disc (kmp). (Attachment 1 replaced on 7/13/2022) (alw). (Additional attachment(s) added on 7/13/2022: #3 exhibits) (alw).
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Filing 31
NOTICE to Pro Se Litigants of the Summary Judgment Rule Requirement re #28 MOTION for Summary Judgment (alw)
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Filing 30
ORDER granting #26 Motion to Seal. 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 (alw)
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Filing 29
DOCKET ENTRY ORDER terminating #25 Motion to Seal. An amended motion is on file at Docket #26 . The Clerk is directed to mail a copy of this order to Plaintiff at his address on file. Signed by Judge Candy W. Dale. (klw)
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Filing 28
MOTION for Summary Judgment Oscar S Klaas appearing for Defendants Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Kepa Zubizarreta. Responses due by 2/8/2022 (Attachments: #1 Memorandum in Support, #2 Memorandum in Support, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Exhibit, #7 Affidavit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Klaas, Oscar)
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Filing 27
Sealed Document Re: #26 Amended MOTION to Seal . (Attachments: #1 Exhibit, #2 Exhibit)(Klaas, Oscar)
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Filing 26
Amended MOTION to Seal Oscar S Klaas appearing for Defendants Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Kepa Zubizarreta. Responses due by 2/8/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Klaas, Oscar) 1 usb thumb drive received on 1/21/2022, file maintained in Clerk's Office file room (kt). Modified on 7/13/2022 (lm) Per Dkt's 29 & 30 this Motion has been sealed.
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Filing 25
MOTION to Seal Oscar S Klaas appearing for Defendants Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Kepa Zubizarreta. Responses due by 2/8/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Klaas, Oscar)
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Filing 24
RESPONSE to Motion re #20 MOTION to Compel filed by Boise Police Department, Matthew Bryngelson, Amy Morgan, Kepa Zubizarreta. Replies due by 1/24/2022.(Klaas, Oscar)
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Filing 23
DOCKET ENTRY ORDER granting #22 Motion for Extension of Time to File Response/Reply as to #20 MOTION to Compel. Upon review of the motion #22 , and in the exercise of its discretion, the Court finds that the record demonstrates excusable neglect pursuant to Fed. R. Civ. P. 6(b)(1)(B). Defendant's counsel represents that, due to internal personnel changes at the City Attorney's Office, the motion to compel was overlooked and a response was not filed by the deadline of 12/22/2021. Counsel recently filed a notice of appearance on 12/29/2021 and promptly requested an extension on 1/3/2022. Counsel represents also that 870 pages of discovery have already been produced. The Court cannot decide the motion to compel #20 without a full understanding of the discovery already provided to Plaintiff. The Clerk is directed to mail a copy of this Order to Plaintiff at his address of record. Responses due by 1/10/2022, Replies due by 1/27/2022. Motion Ripe Deadline set for 1/27/2022. Signed by Judge Candy W. Dale. (klw)
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Filing 22
MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Compel Oscar S Klaas appearing for Defendants Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Kepa Zubizarreta. Responses due by 1/24/2022 (Klaas, Oscar)
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Filing 21
NOTICE of Appearance by Oscar S Klaas on behalf of All Defendants (Klaas, Oscar)
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Filing 20
MOTION to Compel by Plaintiff Dennis J Pickett. Responses due by 12/22/2021 (Attachments: #1 Memorandum in Support, #2 Declaration, #3 request for missing disclosures and discovery, #4 envelope)(alw)
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Filing 19
NOTICE of Change of Address by Dennis J Pickett (addr updated on docket) (alw)
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Filing 18
Disclosure Statement filed byScott B Muir on behalf of Boise Police Department, Matthew Bryngelson, Amy Morgan, Kepa Zubizarreta. (Muir, Scott)
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Filing 17
Objection re #13 Answer to Complaint filed by Dennis J Pickett. (alw)
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Filing 16
ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(alw)
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Filing 15
Docket entry only - CONSENT to Magistrate Judge filed. (alw)
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Filing 14
NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Dennis J Pickett, Kepa Zubizarreta re #1 Complaint, #13 Answer to Complaint Consent/Objection to Magistrate due by 8/2/2021. (alw)
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Filing 13
ANSWER to #1 Complaint by Boise Police Department, Matthew Bryngelson, John Doe I-XL, Amy Morgan, Kepa Zubizarreta.(Muir, Scott)
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Filing 12
NOTICE of Change of Address by Dennis J Pickett (addr changed on docket) (alw)
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Filing 11
Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Summons as to Bryngelson, #2 Summons as to Zubizarreta, #3 Summons as to Morgan) Per Dkt. #9 four copies of the Notice of a Lawsuit and Request to Waive Service of Summons was also mailed to Mr. Pickett. (jd)
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Filing 10
STANDARD DISCLOSURE AND DISCOVERY ORDER FOR PRO SE PRISONER CIVIL RIGHTS - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 9
SUCCESSIVE REVIEW ORDER BY SCREENING JUDGE - Plaintiffs Motion to Review the First Amended Complaint (Dkt. #8 ) is GRANTED. The Clerk of Court will provide Plaintiff with (a) issued summonses for service of process upon Defendants Boise Police Department, Matthew Bryngelson, Kepa Zubizarreta, and Amy Morgan; and (b) four copies of the Notice of a Lawsuit and Request to Waive Service of Summons. Plaintiff is advised that if Defendants do not waive service, he is responsible for effecting formal service of process upon them. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge Candy W. Dale for all further proceedings. Judge David C. Nye no longer assigned to case. Please use this case number on all future pleadings, 1:20-cv-00379-CWD. (jd)
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Filing 8
MOTION to Review the First Amended Complaint by Plaintiff Dennis J Pickett. Responses due by 12/21/2020. (Attachments: #1 First Amended Complaint)(jd)
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Filing 7
INITIAL REVIEW ORDER BY SCREENING JUDGE - The Complaint fails to state a claim upon which relief may be granted. Plaintiff has 60 days within which to file an amended complaint as described above. If Plaintiff does so, Plaintiff must file (along with the amended complaint) a Motion to Review the Amended Complaint. If Plaintiff does not amend within 60 days, this case may be dismissed without further notice. Alternatively, Plaintiff may file a Notice of Voluntary Dismissal if Plaintiff no longer intends to pursue this case. Plaintiffs request for appointment of counsel (contained in the Complaint) is DENIED without prejudice. Plaintiff may renew the request for counsel in an amended complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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RECEIPT: Civil Filing Fee Fee Received $ 400.00, receipt # IDX26772 Paid in Full (ch)
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Filing 6
ORDER DENYING IN FORMA PAUPERIS APPLICATION - Plaintiffs Application to Proceed in Forma Pauperis (Dkt. #4 ) is DENIED. If Plaintiff does not pay the $400.00 filing fee within 28 days, this case may be dismissed without prejudice without further notice. Alternatively, Plaintiff may file a Notice of Voluntary Dismissal if Plaintiff no longer intends to pursue this case, in which case no filing fee will be due. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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Filing 5
Statement of Prisoner Trust Fund Account, This is a sealed document. re #4 APPLICATION for Leave to Proceed in forma pauperis by Dennis J Pickett. (jd)
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Filing 4
APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Dennis J Pickett. Responses due by 9/10/2020. (jd)
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Filing 3
Docket entry only - CONSENT to Magistrate Judge filed. (kt)
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Filing 2
ORDER of Conditional Filing - (kt)
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Filing 1
CIVIL RIGHTS COMPLAINT against All Defendants, filed by Dennis J Pickett. (Attachments: #1 Affidavit of Declaration, #2 Envelope)(kt)
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