Peck v. City of Henderson et al
| Mary Kay Peck |
| City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk and Gerri Schroder |
| 2:2009cv00872 |
| May 15, 2009 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Clark |
| Lawrence R. Leavitt |
| James C. Mahan |
| None |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 47 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/27/2009. By Deputy Clerk: Julia Hill. RE: 41 Minute Order Setting HearingThe Court having granted in its entirety Defendants' Motion for Judgment on the Pleadings and Plaintiffs' action being dismissed, the status hearing currently set for October 29, 2009 is hereby vacated. (Copies have been distributed pursuant to the NEF - JBH) |
Filing 46
ORDER that Defendants Rule 12(c) Motion for Judgment on the Pleadings is granted in its entirety. Plaintiffs 42 U.S.C. §1983 action is hereby dismissed without prejudice with leave to amend, the individual Defendants are protected from suit by the doctrine of qualified immunity, Plaintiffs supplemental state claims are dismissed without prejudice and Plaintiffs Fed.R.Civ.P. 56 Motion for Summary Judgment is denied. Signed by Judge James C. Mahan on 10/21/09. (Copies have been distributed pursuant to the NEF - AXM)
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| Filing 45 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Lawrence R. Leavitt, on 10/16/2009. The ENE presently scheduled for 9:30 A.M. on TUESDAY, OCTOBER 20, 2009 before Judge Leavitt is hereby vacated. (no image attached) (Copies have been distributed pursuant to the NEF - CAP) |
| Filing 44 Submission of PROPOSED ORDER on 18 MOTION for Judgment on the Pleadings ; filed by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Cooper, William) |
| Filing 43 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/15/2009 before Judge James C. Mahan. Crtrm Administrator: David Oakes; Pla Counsel: Norman Kirshman; Def Counsel: William E. Cooper; Court Reporter/FTR #: Joy Garner; Time of Hearing: 10:00 a.m.; Courtroom: 6A; - Representations of counsel are heard - COURT ORDERED: granting without prejudice 18 Motion for Judgment.; denying plaintiff's Rule 56 Motion for summary judgment( Submission of Proposed Order obo defendant is due by 10/22/2009.) (Copies have been distributed pursuant to the NEF - DXO) |
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Filing 42
ORDER Denying as moot 37 Motion for a ruling, or to set hearing. Signed by Judge James C. Mahan on 10/5/09. (Copies have been distributed pursuant to the NEF - AXM)
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| Filing 41 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/2/2009. By Judicial Assistant: Julia Hill. RE: 38 The Status Conference set for 10/13/2009 at 9:00 AM has been rescheduled to Thursday, October 29, 2009, at 2:00 p.m.in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBH) |
| Filing 40 NOTICE of Hearing on 18 MOTION for Judgment on the Pleadings : Motion Hearing set for 10/15/2009 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. (no image attached)(SRB) |
| Filing 39 RESPONSE to 37 MOTION For Ruling or in the Alternative set a Hearing re 18 MOTION for Judgment on the Pleadings, filed by Plaintiff Mary Kay Peck. Replies due by 9/1/2009. (Kirshman, Norman) |
| Filing 38 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/17/2009 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Melissa Jaime; Pla Counsel: Norman Kirshman; Def Counsel: William Cooper; Court Reporter/FTR #: 10:51:51-11:36:36; Time of Hearing: 11:00 AM; Courtroom: 3A; The Court hears arguments of counsel. IT IS ORDERED that 29 Motion to Stay Discovery is GRANTED. (Status Conference set for 10/13/2009 09:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr..) (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 36 REPLY to Response to 29 Emergency MOTION to Stay Discovery ; filed by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Attachments: # 1 Exhibit A, # 2 Exhibit B, Part 1, # 3 Exhibit B, Part 2, # 4 Exhibit C, # 5 Exhibit D)(Cooper, William) |
| NOTICE of Docket Correction to 35 Notice (Other): ERROR: Wrong event selected by Attorney William E. Cooper ; CORRECTION: Court refiled document using corrected event as 37 MOTION For Ruling or in the Alternative set a Hearing. (no image attached)(RFJ) |
| Filing 37 MOTION For Ruling or in the Alternative set a Hearing re 18 MOTION for Judgment on the Pleadings filed by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Responses due by 8/31/2009. (RFJ) |
| Filing 35 ERROR: Wrong event selected by attorney. (RFJ) NOTICE by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder re 18 MOTION for Judgment on the Pleadings. Request For Ruling, or in the Alternative Set a Hearing, on Defendants' Motion for Judgment on the Pleadings (Cooper, William) Modified on 8/14/2009. |
| Filing 34 REPLY to Response to 18 MOTION for Judgment on the Pleadings ; filed by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Cooper, William) |
| Filing 33 Supplemental RESPONSE to 29 Emergency MOTION to Stay Discovery, filed by Plaintiff Mary Kay Peck. Replies due by 8/24/2009. (Kirshman, Norman) . |
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Filing 32
ORDER ON STIPULATION Granting 28 Stipulation, for time to file reply to 18 MOTION for Judgment on the Pleadings. Replies due by 8/13/2009. Signed by Judge James C. Mahan on 8/5/09. (Copies have been distributed pursuant to the NEF - AXM)
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| Filing 31 RESPONSE to 29 Emergency MOTION to Stay Discovery, filed by Plaintiff Mary Kay Peck. Replies due by 8/18/2009. (Kirshman, Norman) |
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Filing 30
Scheduling ORDER for 29 Motion to Stay Discovery - Responses due by 8/10/2009. Replies due by 8/14/2009. Motion Hearing set for 8/17/2009 11:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Depositions in this matter are stayed pending decision on Motion 29 . Signed by Magistrate Judge George Foley, Jr on 8/4/09. (Copies have been distributed pursuant to the NEF - AXM)
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| Filing 29 Emergency MOTION to Stay Discovery by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Motion ripe 8/3/2009. (Cooper, William) |
| Filing 28 STIPULATION to Extend Time re 18 MOTION for Judgment on the Pleadings ;by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. (Cooper, William) . |
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Filing 27
ORDER Striking 23 Motion to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 7/27/09. (Copies have been distributed pursuant to the NEF - AXM)
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| Filing 26 RESPONSE to 18 MOTION for Judgment on the Pleadings, filed by Plaintiff Mary Kay Peck. Replies due by 8/6/2009. (Attachments: # 1 Motion pgs 10-17, # 2 Exhibits A & B, # 3 Exhibit C, # 4 Exhibits D, E and F, # 5 Exhibits G and H, # 6 Declarations)(Kirshman, Norman) |
| Filing 25 RESPONSE to 23 Emergency MOTION to Stay re 21 Scheduling Order, Discovery, filed by Plaintiff Mary Kay Peck. Supplemental Response Replies due by 8/6/2009. (Kirshman, Norman) |
| Filing 24 RESPONSE to 23 Emergency MOTION to Stay re 21 Scheduling Order, Discovery, filed by Plaintiff Mary Kay Peck. Preliminary Response Replies due by 8/5/2009. (Kirshman, Norman) |
| Filing 23 STRICKEN PER 27 ORDER - Emergency MOTION to Stay re 21 Scheduling Order, Discovery by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Motion ripe 7/21/2009. (Cooper, William) Modified on 7/28/2009 (AXM). |
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Filing 22
ORDER ON STIPULATION Granting 19 Stipulation for Extension of Time to File Response to 18 MOTION for Judgment on the Pleadings. Responses due by 7/28/2009. Signed by Judge James C. Mahan on 7/17/09. (Copies have been distributed pursuant to the NEF - ASB)
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Filing 21
SCHEDULING ORDER re: 20 Proposed Discovery Plan and Scheduling Order. Discovery due by 12/7/2009. Motions due by 1/7/2010. Proposed Joint Pretrial Order due by 2/6/2010. Signed by Magistrate Judge George Foley, Jr on 7/17/09. (Copies have been distributed pursuant to the NEF - ASB)
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| Filing 20 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Mary Kay Peck. (Kirshman, Norman) |
| Filing 19 STIPULATION re 18 MOTION for Judgment on the Pleadings ; Extending Time to Answer by Plaintiff Mary Kay Peck. (Kirshman, Norman) |
| Filing 18 MOTION for Judgment on the Pleadings by Defendants City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk, Gerri Schroder. Responses due by 7/13/2009. (Cooper, William) |
| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Lawrence R. Leavitt, on 6/19/2009. At the request of counsel and for good cause shown, the Early Neutral Evaluation presently set for 9:30 a.m. on Tuesday, October 6, 2009 is hereby vacated and rescheduled for 9:30 A.M. ON TUESDAY, OCTOBER 20, 2009 in Chambers before Magistrate Judge Lawrence R. Leavitt. The confidential evaluation statements shall be provided to chambers not later than 4:00 p.m. on October 13, 2009.(no image attached) (Copies have been distributed pursuant to the NEF - CAP) |
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Filing 16
ORDER Scheduling Early Neutral Evaluation Session: Early Neutral Evaluation set for 10/6/2009 09:30 AM in Chambers before Magistrate Judge Lawrence R. Leavitt. Signed by Magistrate Judge Lawrence R. Leavitt on 6/10/09. (Copies have been distributed pursuant to the NEF - AXM)
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| Filing 15 CERTIFICATE of Interested Parties filed by City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk.. There are no known interested parties other than those participating in the case , filed also by Gerri Schroder. (Cooper, William) |
| Filing 14 ANSWER to 11 Amended Complaint, filed also by Gerri Schroder, filed by City of Henderson, James B. Gibson, Andy Hafen, Jack Clark, Steven Kirk.(Cooper, William) |
| Filing 13 CERTIFICATE OF SERVICE for Amended Complaint by Plaintiff Mary Kay Peck re 1 Complaint,. (Kirshman, Norman) |
| Filing 12 CERTIFICATE OF SERVICE for Summons & Complaint by Plaintiff Mary Kay Peck. (Kirshman, Norman) |
| Filing 11 AMENDED COMPLAINT against all defendants, filed by Mary Kay Peck. No changes to parties. Proof of service due by 9/18/2009. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B 1-7, # 3 Exhibit Exhibit B 8-15, # 4 Exhibit Exhibit B 16-23, # 5 Exhibit Exhibit B 24-31, # 6 Exhibit Exhibit B 32-38, # 7 Exhibit Exhibit C)(Kirshman, Norman) |
| Filing 10 Summons Issued as to City of Henderson. (AXM) |
| Filing 9 PROPOSED SUMMONS to be issued City Clerk, City of Henderson, filed by Plaintiff Mary Kay Peck. (Kirshman, Norman) |
| Filing 8 CERTIFICATE of Interested Parties filed by Mary Kay Peck.. There are no known interested parties other than those participating in the case. (Kirshman, Norman) |
| Filing 7 Summons Issued as to Gerri Schroder. (AXM) |
| Filing 6 Summons Issued as to Steven Kirk. (AXM) |
| Filing 5 Summons Issued as to Jack Clark. (AXM) |
| Filing 4 Summons Issued as to Andy Hafen. (AXM) |
| Filing 3 Summons Issued as to James B. Gibson. (AXM) |
| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (AXM) |
| Filing 1 COMPLAINT against all defendants (Filing fee $ 350 receipt number 09780000000001233418), filed by Mary Kay Peck. Certificate of Interested Parties due by 5/25/2009. Proof of service due by 9/12/2009. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B 1-7, # 3 Exhibit Exhibit B 8-15, # 4 Exhibit Exhbit B 16-23, # 5 Exhibit Exhibit B 24-31, # 6 Exhibit Exhibit B 32-38, # 7 Exhibit Exhibit C, # 8 Civil Cover Sheet, # 9 Summons)(Kirshman, Norman) |
| Case assigned to Judge James C. Mahan and Magistrate Judge George W Foley, Jr. (AXM) |
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