Sitton v. LVMPD et al
| Will Sitton |
| CCS Baker, Bean, Billingsley, Jaqueline M Bluth, Bowwers, CCDC Classification Dept, CCDC Mail Dept, Camp, Cera, Eubanks, David Farrara, Flecham, Gardea, Gilbert, Hines, Wesley Juhl, Kegley, LVMPD, Lambardo, Las Vegas Metropolitan Police Department, Las Vegas Review Journal, Elissa Luzaich, Mashore, Mendoza, Mowery, NaphCare Medical, Neville, C/O Rohan, Saavedra, Sands, Officer Senior, Sloan, C/O Snowden, Storey, Torres and Yanagihara |
| 2:2017cv00111 |
| January 10, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| James C. Mahan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
322
ORDER. The settlement conference scheduled for November 20, 2023, is VACATED. IT IS FURTHER ORDERED, that the parties must file status report on Mr. Sitton's health on or before January 11, 2024.The stay entered on January 6, 2023 will continue pending further order of the court. Signed by Magistrate Judge Cam Ferenbach on 11/3/2023. (Copies have been distributed pursuant to the NEF - CT)
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Filing
316
ORDER granting 314 Motion for exemption of attendance requirement at the settlement conference. Signed by Magistrate Judge Cam Ferenbach on 12/30/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
315
ORDER. IT IS ORDERED that the settlement conference scheduled for 1/6/2023, will go forward as scheduled. IT IS FURTHER ORDERED that Mr. Sitton may have until 12/29/22022, to submit his confidential statement to chambers. Signed by Magistrate Judge Cam Ferenbach on 12/21/2022. (Copies have been distributed pursuant to the NEF -cc: wsitton63@gmail.com - JQC)
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Filing
304
ORDER. IT IS ORDERED that a video status conference hearing is scheduled for 2:00 PM, 9/28/2022, before Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 8/25/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
302
ORDER. IT IS ORDERED that the 297 motion to order settlement conference and 301 motion for appointment of counsel are GRANTED. Signed by Magistrate Judge Cam Ferenbach on 3/10/2022. (Copies have been distributed pursuant to the NEF -cc: Pro Bono Liaison - JQC)
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Filing
289
ORDER. IT IS ORDERED that 166 , 262 defendants motion for summary judgment be, and the same hereby is, GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that 280 plaintiffs motion for leave to file a surreply is GRANTED. Signed by Judge James C. Mahan on 11/29/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
285
ORDER. IT IS ORDERED that 168 and 265 NaphCares motion for summary judgment and supplemental motion for summary judgment be, and the same hereby are, GRANTED. IT IS FURTHER ORDERED that 268 Sittons motion to strike exhibits is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that 274 NaphCares motion for leave to file a surreply is DENIED. IT IS FURTHER ORDERED that 278 Sittons motion for leave to file under seal is GRANTED. IT IS FURTHER ORDERED that 281 NaphCares countermotion to strike and impose sanctions is DENIED. Signed by Judge James C. Mahan on 11/18/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
266
ORDER. IT IS ORDERED that a video conference hearing (for all parties, except Plaintiff will appear by telephone) is scheduled for 1:00 PM, 4/5/2021, on Plaintiffs 259 Request for Guidance from Court Or, Alternatively, Motion for Order Directing Clerk to Provide Defendants with Confidential Records. Signed by Magistrate Judge Cam Ferenbach on 2/16/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
253
ORDER. IT IS ORDERED that 218 plaintiff Will Sitton's partial objection be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that 219 Naphcare's motion for clarification be, and the same hereby is, GRANTED. Signed by Judge James C. Mahan on 12/21/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
238
ORDER. IT IS ORDERED that a telephonic hearing is scheduled for 2:00 PM, 12/3/2020, in Courtroom 3D, on Plaintiff's 236 & 237 Motion for Order to Show Cause and Sanctions. Signed by Magistrate Judge Cam Ferenbach on 11/4/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
233
ORDER. IT IS ORDERED that a telephonic hearing is scheduled for 2:00 PM, 12/3/2020, in Courtroom 3D, on the Defendants 227 Joint Motion to Extend Discovery and Plaintiff's 232 Motion for Qualified Protective Order or, Alternatively, to Modify Non-Party Subpoena Duces Tecum. Signed by Magistrate Judge Cam Ferenbach on 10/26/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
230
ORDER. IT IS ORDERED that 214 defendant NaphCare Inc.'s motion to take Will Sitton's deposition is GRANTED IN PART: NaphCares two-part deposition will proceed as detailed in this Order. IT IS FURTHER ORDERED that 225 plaintiff's emergency motion for a protective order is GRANTED IN PART as detailed in this Order. Signed by Magistrate Judge Cam Ferenbach on 10/22/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
216
PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 9/16/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
213
ORDER. IT IS ORDERED, ADJUDGED, and DECREED that 197 plaintiff Will Sitton's motion for order to show cause and sanctions be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that 201 defendant Naphcare, Inc.'s motion to strike be , and the same hereby is, DENIED. IT IS FURTHER ORDERED that 193 defendant Naphcare, Inc.'s motion for leave to file reply be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that 188 defendant Naphcare, Inc.'s partial objection, to the magistrate judge's order granting in part plaintiff's motion to compel, be, and the same hereby is, DENIED. IT IS FURTHER ORDERED that 185 Judge Ferenbach's order be, and the same hereby is, AFFIRMED. Signed by Judge James C. Mahan on 7/10/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
186
ORDER. IT IS ORDERED that this case is referred to the Pro Bono Program for appointment of counsel for the purposes identified herein. Signed by Magistrate Judge Cam Ferenbach on 4/21/2020. (Copies have been distributed pursuant to the NEF - cc: Pro Bono Liaison - JQC)
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Filing
185
ORDER. IT IS ORDERED that 149 , 159 , and 172 plaintiff's motions to compel are GRANTED IN PART. Naphcare must produce documents responsive to these requests by Wednesday, 5/20/2020. IT IS FURTHER ORDERED that the LVMPD Defendant's ob jections to Request Nos. 9 are OVERRULED IN PART: the LVMPD Defendants must produce any work orders pertaining to Sittons in-cell ventilation system (between the dates of 5/1/2015 through 8/31/2015), by Wednesday, 5/20/2020. IT IS FURTHER ORDERED that 172 Sitton's motion in the alternative for an appointment of counsel is DENIED as moot. See Order for Detials. Signed by Magistrate Judge Cam Ferenbach on 4/20/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
183
ORDER. IT IS ORDERED that 151 defendant NaphCare Medical's motion to extend time is GRANTED. IT IS FURTHER ORDERED that 155 the defendants' joint motion to extend the discovery plan and scheduling order and plaintiff's 161 mot ion to extend the discovery plan and scheduling order are GRANTED IN PART to the extent that discovery is extended as follows: Discovery due by 7/31/2020. Motions due by 8/31/2020. Proposed Joint Pretrial Order due by 9/30/2020. IT IS FURTHER OR DERED that 165 plaintiff's motion for reconsideration is GRANTED IN PART: the Court will reconsider plaintiff's 149 motion to compel and issue a separate order. IT IS FURTHER ORDERED that 177 plaintiff's motion to stay is GRANTE D IN PART: briefing on the 166 , 168 motions for summary judgment is stayed and plaintiff has until 8/31/2020 to respond to the defendants' motions for summary judgment. Signed by Magistrate Judge Cam Ferenbach on 3/31/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
150
ORDER. IT IS ORDERED that 147 Plaintiff's Motion for Leave to File First Amended Complaint is DENIED. Signed by Magistrate Judge Cam Ferenbach on 10/4/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
146
ORDER. IT IS ORDERED, ADJUDGED, and DECREED that 139 Magistrate Judge Ferenbach's R&R be, and the same hereby are, ADOPTED. IT IS FURTHER ORDERED that 134 Sitton's motion for leave to amend complaint be, and the same hereby is, DENIED without prejudice. Signed by Judge James C. Mahan on 6/18/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
133
ORDER Denying 115 Motion for Entry of Final Judgment; Denying 127 Motion for Entry of Final Judgment; Granting in part and Denying in part 122 Motion for Reconsideration; and Granting 120 Motion for Enlargement of Time. Signed by Judge James C. Mahan on 12/13/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
114
ORDER granting 21 Motion to Dismiss; ORDER granting 24 Motion to Dismiss; ORDER granting 28 Motion to Dismiss; ORDER denying 42 Motion to Dismiss; ORDER granting 74 Motion to Dismiss; ORDER granting 81 Motion to Extend Time; ORDER denying 98 Objection/Appeal Magistrate Judge Order/Ruling LR IB 3-1; ORDER granting 104 Motion to Dismiss; The clerk shall terminate the following parties from the case: Bluth, Luzaich, Mecham, Rohan, Senior, Sloan, Snowden, Ferrara, LVRJ, and Juh. Signed by Judge James C. Mahan on 7/30/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
96
ORDER that 91 Motion to Reissue Summons is GRANTED in part and DENIED without prejudice in part. The Clerk of Court is directed to reissue Summons, without the P#, under seal on Baker at the address provided in ECF No. 71 at p. 2, and deliver sa me to the U.S. Marshal for service. The clerk is directed to mail to plaintiff the USM-285 form. Plaintiff has thirty (30) days within which to furnish to the U.S. Marshal the required USM-285 form with relevant information as to the Baker. FURTH ER ORDERED that the time to effectuate service on Defendant Baker is extended to August 10, 2018. FURTHER ORDERED that the time to effectuate service on Defendant Baker is extended to August 10, 2018. Signed by Magistrate Judge Cam Ferenbach on 5/29/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
70
ORDER that Clerk of Court must reissue Summons on defendants Baker, Mowery, Storey, and Sands at the last known address filed under SEAL (ECF No. 60) and deliver same to the U.S. Marshal for service. The clerk is directed to seal the reissued Summons on defendants Baker, Mowery, Storey, and Sands. The clerk is directed mail to plaintiff four blank copies of the USM-285 forms. The clerk is directed to send four copies of the complaint and four copies of this order to the U.S. Marshal for service on defendants Baker, Mowery, Storey, and Sands. The plaintiff will have twenty (20) days to furnish to the U.S. Marshal the required USM-285 forms. Within twenty (20) days after plaintiff receives copies of the completed USM-285 forms from the U.S. M arshal, plaintiff must file a notice with the court stating if defendants were served. If the plaintiff wishes to have the U.S. Marshal attempt service again on defendants, then a motion must be filed with the court. Signed by Magistrate Judge Cam Ferenbach on 2/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
56
ORDER that 31 Motion to Extend Time to Serve, 32 Motion to Reissue Summons, and 46 Motion to Stay Discovery are GRANTED. FURTHER ORDERED that the time to effectuate service on the remaining defendants is extended to April 9, 2018. FURTHER ORDERED that Mr. Eidsmore must file under sealed the last known address(es) of the defendants for whom he is not accepting service of process by February 6, 2018. FURTHER ORDERED that Clerk of Court must reissue Summons on Naphcare Medical, and th e Las Vegas Review Journal, and deliver same to the U.S. Marshal for service. The clerk is directed mail to plaintiff two USM-285 forms. The clerk is directed to send two copies of the complaint and two copies of this order to the U.S. Marshal for service on defendants Naphcare Medical and the Las Vegas Review Journal. Plaintiff has thirty (30) days within which to furnish to the U.S. Marshal the required USM-285 forms with relevant information as to Naphcare Medical and the Las Vegas Review Journal. Within twenty (20) days after receiving from the U.S. Marshal a copy of the USM-285 form showing whether service has been accomplished, plaintiff must file a notice with the court identifying if Naphcare Medical and the Las Vegas Review Jo urnal were served. FURTHER ORDERED that Ms. McLetchie must file the last known address of Wesley Juhl by February 6, 2018. Ms. McLetchie may file this document under seal. Signed by Magistrate Judge Cam Ferenbach on 1/29/2018. (Copies have been distributed pursuant to the NEF: 285 forms to plaintiff - MMM)
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Filing
55
ORDER Granting 54 Motion to Extend Time to Reply re: 42 Motion to Dismiss. Replies due by 1/29/2018. Signed by Judge James C. Mahan on 1/24/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
48
ORDER. IT IS HEREBY ORDERED that 47 plaintiff's motion to extend time be, and the same hereby is, GRANTED. Plaintiff will have an additional 21 days from the date of this order to respond to defendant's motion to dismiss. Responses due by 2/1/2018. Signed by Judge James C. Mahan on 1/11/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing
45
ORDER re: 31 Plaintiff's Motion to Extend Time. A telephonic hearing is set for 1/23/2018 at 10:00 AM. Signed by Magistrate Judge Cam Ferenbach on 12/29/2017. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
36
ORDER that 30 Motion to Extend Time to Respond is GRANTED. Plaintiff will have an additional 21 days from the date of this order to respond to the three outstanding motions to dismiss. FURTHER ORDERED that 35 Second Motion to Extend Time is DENIED as moot. Signed by Judge James C. Mahan on 12/13/2017. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
16
ORDER that 15 Motion to Clarify Screening Order is GRANTED. FURTHER ORDERED that the clerk of court shall issue summons for defendant Mendoza and deliver the same to the U.S. Marshal for service. The clerk shall send plaintiff one (1) USM-285 form. Signed by Judge James C. Mahan on 10/27/17. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
7
ORDER that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. FURTHER ORD ERED that within thirty (30) days from the date of this order, Plaintiff shall either: file a fully complete ifp or pay the filing fee. FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result. FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 1), but shall not file it at this time. Signed by Magistrate Judge Cam Ferenbach on 1/20/17. (Copies have been distributed pursuant to the NEF - MMM)
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