Pizzuto v. Tewalt et al
Gerald Ross Pizzuto, Jr |
Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, Director IDOC Josh Tewalt and Tyrell Davis |
Rutherford Institute |
1:2021cv00207 |
May 12, 2021 |
US District Court for the District of Idaho |
David C Nye |
Habeas Corpus (Prison Condition) |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.
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Filing 20 ORDER. This case is DISMISSED without prejudice. Plaintiffs Motion for Preliminary Injunction (Dkt. #6 ) is MOOT. The Clerk of Court is instructed to close this case. Signed by Judge David C. Nye. (alw) |
Filing 19 STIPULATION of Dismissal Stipulation to Dismiss Action Without Prejudice by Gerald Ross Pizzuto, Jr. (Sanchez, Christopher) |
Filing 18 DOCKET ENTRY ORDER: Due to the Idaho state court's stay of execution, an expedited briefing schedule is no longer necessary in this case. Therefore, the Court hereby VACATES any expedited schedules. 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 (bm) |
Filing 17 DOCKET ENTRY ORDER approving #15 and #16 Motion for Pro Hac Vice Appearance of attorney Anna K Thompson, Anand Agneshwar for Rutherford Institute Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). 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 (alw) |
Filing 16 MOTION FOR PRO HAC VICE APPEARANCE by Anna K. Thompson. ( Filing fee $ 250 receipt number AIDDC-2216399.)Dennis Benjamin appearing for Amicus Rutherford Institute. Responses due by 6/8/2021 (Benjamin, Dennis) |
Filing 15 MOTION FOR PRO HAC VICE APPEARANCE by Anand Agneshwar. ( Filing fee $ 250 receipt number AIDDC-2216395.)Dennis Benjamin appearing for Amicus Rutherford Institute. Responses due by 6/8/2021 (Benjamin, Dennis) |
Filing 14 DOCKET ENTRY ORDER: The Court hereby enters this order granting The Rutherford Institute's Motion to file Amicus Brief. Dkt. #7 . The Court will give the brief the weight it deems appropriate. 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 (bm) |
Filing 13 ORDER granting in part and denying in part #12 Motion to Shorten Time. The Motion is granted to the extent that, if the Court decides to hold an evidentiary hearing on the pending Motion for Preliminary Injunction, it will hold that hearing on Friday, May 21, 2021. The Motion #12 is denied in all other respects. 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 (sd) |
Filing 12 MOTION Motion to Shorten Time Christopher Sanchez appearing for Plaintiff Gerald Ross Pizzuto, Jr. Responses due by 6/7/2021 (Sanchez, Christopher) |
Filing 11 NOTICE of Appearance by Oscar S Klaas on behalf of All Defendants (Klaas, Oscar) |
Filing 10 NOTICE of Appearance by Kristina M Schindele on behalf of All Defendants (Schindele, Kristina) |
Filing 9 ANSWER to #1 Complaint,, by Tyrell Davis, Josh Tewalt, Unknown Employees, Agents, or Contractors of the Idaho Department of Correction.(Kubinski, Mark) |
Filing 8 RESPONSE to Motion re #6 MOTION for Preliminary Injunction Opposition filed by Tyrell Davis, Josh Tewalt, Unknown Employees, Agents, or Contractors of the Idaho Department of Correction. Replies due by 6/1/2021. (Attachments: #1 Affidavit Declaration of Brett Phillips, #2 Affidavit Declaration of Tyrell Davis, #3 Exhibit 1 to Davis Declaration, #4 Exhibit 2 to Davis Declaration)(Kubinski, Mark) |
Filing 7 Amicus Curiae MOTION entered by Dennis Benjamin on behalf of Rutherford Institute. (Attachments: #1 Exhibit Florida Procedures, #2 Exhibit Alabama Procedures, #3 Exhibit Texas Procedures)(Benjamin, Dennis) Modified on 5/17/2021, the change from Appearance to Motion (jd). |
Filing 6 MOTION for Preliminary Injunction Christopher Sanchez appearing for Plaintiff Gerald Ross Pizzuto, Jr. Responses due by 6/4/2021 (Attachments: #1 Memorandum in Support Memorandum in Support of Motion, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12)(Sanchez, Christopher) |
Filing 5 Minute Entry for proceedings held before Judge David C. Nye: Scheduling Conference held on 5/13/2021. The Court held an informal scheduling conference via Zoom. Defendants waived service. Defendants have until 8:00 a.m. on May 17, 2021, to file an answer or responsive motion. The rest of the briefing schedule shall be as set in the conference: Plaintiff's response, if any, will be due no later than 8:00 a.m. on May 19, 2021, and Defendants' reply, if any, no later than 8:00 a.m. on May 20, 2021. If Plaintiff files a motion for a preliminary injunction, he shall include argument as to whether an evidentiary hearing is necessary, and Defendants must identify any disputed facts and whether an evidentiary hearing is necessary. Hearing Not Recorded. (bm)THESE MINUTES SHALL STAND AS THE ORDER OF THE COURT |
Filing 4 Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: #1 Summons, #2 Summons)(alw) |
Filing 3 DOCKET ENTRY ORDER approving #2 Motion for Pro Hac Vice Appearance of attorney Stanley J Panikowski for Gerald Ross Pizzuto, Jr Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw) |
Filing 2 MOTION FOR PRO HAC VICE APPEARANCE by Stanley J. Panikowski. ( Filing fee $ 250 receipt number AIDDC-2213772.)Christopher Sanchez appearing for Plaintiff Gerald Ross Pizzuto, Jr. Responses due by 6/2/2021 (Sanchez, Christopher) |
Filing 1 COMPLAINT for Equitable, Declaratory, and Injunctive Relief against Tyrell Davis, Josh Tewalt, Unknown Employees, Agents, or Contractors of the Idaho Department of Correction ( Filing fee $ 402 receipt number AIDDC-2213711.), filed by Gerald Ross Pizzuto, Jr. (Attachments: #1 Cover Sheet Civil Cover Sheet, #2 Summons to Josh Tewalt, #3 Summons to Tyrell Davis, #4 Summons to Unknown Employees, Agents, or Contractors of the Idaho Department of Correction)(Sanchez, Christopher) |
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