Pizzuto v. Tewalt et al
| Gerald Ross Pizzuto |
| Director IDOC Josh Tewalt, Timothy Richardson, RAUL LABRADOR and Josh Tewalt |
| 1:2023cv00081 |
| February 24, 2023 |
| US District Court for the District of Idaho |
| B Lynn Winmill |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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Filing 21
DOCKET ENTRY ORDER: In accordance with the Court's Order Granting Motion for Stay of Expedited Briefing (Dkt. 14), the Court sets the following briefing schedule for Plaintiff's Motion for Preliminary Injunction (Dkt. 10): Defendants' Response shall be filed on or before 5/10/2023; Plaintiff's Reply shall be filed on or before 5/24/2023. 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 (mhw))
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Set/Reset Deadlines as to (Dkt. #10 ) MOTION for Preliminary Injunction . Defendants Responses due by 5/10/2023 Plaintiff's Replies due by 5/24/2023. Per Dkt 21(lm)
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Filing 20
Motion to Dismiss for Failure to State a Claim Kristina M Schindele appearing for Defendants Raul Labrador, Timothy Richardson, Josh Tewalt. Responses due by 5/5/2023 (Attachments: #1 Memorandum in Support, #2 Affidavit)(Schindele, Kristina)
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Filing 19
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - The Court will conduct a telephonic scheduling conference on June 12, 2023, at 10:30 a.m. mountain time, for purpose of confirming the deadlines proposed by the parties in the joint Litigation Plan. On or before June 5, 2023, the parties must file with the Court the joint Litigation Plan and Discovery Plan. 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 (lm)
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Filing 18
DOCKET ENTRY ORDER: Good cause appearing, Defendants' unopposed #16 Motion for Extension of Time to Answer is GRANTED. Defendants shall file their answer or motion to dismiss on or before April 14, 2023. 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 (mhw))
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Filing 17
NOTICE of Appearance by Kristina M Schindele on behalf of All Defendants (Schindele, Kristina)
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Filing 16
MOTION for Extension of Time to File Answer re #1 Complaint, Kristina M Schindele appearing for Defendants Raul Labrador, Timothy Richardson, Josh Tewalt. Responses due by 4/27/2023 (Attachments: #1 Affidavit)(Schindele, Kristina)
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Filing 15
USMS-285 Return Of Service Returned Executed by Gerald Ross Pizzuto. All Defendants. (Attachments: #1 Richardson, #2 Labrador)(lm)
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Filing 14
ORDER GRANTING MOTION FOR STAY OF EXPEDITED BRIEFING - Plaintiffs Motion for Stay (Dkt. #13 ) is GRANTED. The Courts prior orders setting expedited briefing deadlines (Dkts. #8 & 12 ) are stayed to the extent that they required the parties to file expedited briefs by March 15, 2023. Once Defendants have been served and enter appearances in this case, the Court will provide new briefing deadlines as to Plaintiffs Complaint (Dkt. #1 ) and Motion for Preliminary Injunction (Dkt. #10 ).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 (lm)
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Filing 13
MOTION to Stay re 12 Order, #8 Order Directing Prisoner Payment,,, Motion for Stay of Expedited Briefing Pending Service Mary Elizabeth Spears appearing for Plaintiff Gerald Ross Pizzuto. Responses due by 4/5/2023 (Spears, Mary)
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Set/Reset Deadlines as to #10 MOTION for Preliminary Injunction . Defendants Response due by 3/15/2023 Plaintiff's Reply due by 3/19/2023. (lm)
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Set Deadlines/Hearings: Motions for Preliminary Injunction due by 3/15/2023. (lm)
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Filing 12
DOCKET ENTRY NOTICE OF EXPEDITED BRIEFING: Defendants' Response to Plaintiff's [Dkt. 10] Motion for Preliminary Injunction shall be filed on or before March 15, 2023. Plaintiff's Reply shall be filed on or before March 19, 2023. 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 (mhw)
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Filing 11
SUPPLEMENT by Plaintiff Gerald Ross Pizzuto re #10 MOTION for Preliminary Injunction Corrected Exhibit 1 in Support of Motion. (Spears, Mary)
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Filing 10
MOTION for Preliminary Injunction Mary Elizabeth Spears appearing for Plaintiff Gerald Ross Pizzuto. Responses due by 3/30/2023 (Attachments: #1 Memorandum in Support, #2 Exhibit Declaration of Dr. Sondra S. Crosby, #3 Exhibit Declaration of Gerald Ross Pizzuto, Jr., #4 Exhibit Declaration of L. Hollis Ruggieri)(Spears, Mary)
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Filing 9
Summons Issued as to Raul Labrador, Timothy Richardson, Josh Tewalt. (Print attached Summons for service.) USMS-285 Sent to Marshals (Attachments: #1 Summons Richardson, #2 Summons Labrador)(lm)
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Filing 8
ORDER GRANTING IFP APPLICATION AND ORDERING EXPEDITED BRIEFING - Plaintiffs Application to Proceed in Forma Pauperis (Dkt. #2 ) is GRANTED. The Director of the Idaho Department of Correction or a designee will collect from Plaintiffs prison trust account the $350.00. The Clerk of the Court is directed to issue summonses and provide the United States Marshals Service with a copy of the docket, Plaintiff's Complaint (Dkt. #1 ), and the instant order to be served upon the defendants in this case. The parties shall file simultaneous briefs of 10 pages or less no later than March 15, 2023. (Notice sent to Finance). 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 (lm)
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Filing 7
NOTICE by Gerald Ross Pizzuto Notice of Filing SEALED Updated and Certified Inmate Trust Account Statement (Spears, Mary)
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Filing 6
Sealed Document Re: #2 APPLICATION for Leave to Proceed in forma pauperis . (Spears, Mary)
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Filing 5
ORDER of Conditional Filing - caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
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Filing 4
NOTICE by Gerald Ross Pizzuto Notice of Filing Sealed Inmate Trust Account Statement (Spears, Mary)
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Filing 3
Sealed Document Re: #2 APPLICATION for Leave to Proceed in forma pauperis . (Spears, Mary)
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Filing 2
APPLICATION for Leave to Proceed in forma pauperis Mary Elizabeth Spears appearing for Plaintiff Gerald Ross Pizzuto. Responses due by 3/17/2023 (Spears, Mary)
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Filing 1
COMPLAINT for Equitable, Declaratory, and Injunctive Relief against All Defendants, filed by Gerald Ross Pizzuto. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Cover Sheet Civil Cover Sheet, #5 Summons Tewalt, #6 Summons Richardson, #7 Summons Labrador)(Spears, Mary)
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