Festa v. NDOC
Plaintiff: Anthony Festa
Defendant: NDOC
Case Number: 2:2017cv00850
Filed: March 21, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Andrew P. Gordon
Presiding Judge: Nancy J. Koppe
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Date Filed Document Text
December 6, 2022 Opinion or Order Filing 174 ORDER.IT IS ORDERED that the defendants' proposed pretrial order (ECF No. 171 ) is DENIED as moot. IT IS FURTHER ORDERED that plaintiff Anthony Festa's claims against defendants Justin Gordon and Michael Lavell are DISMISSED. The c lerk of court is instructed to enter judgment in favor of defendants Justin Gordon and Michael Lavell and against plaintiff Anthony Festa, and to close this case. Signed by Judge Andrew P. Gordon on 12/6/2022. (Copies have been distributed pursuant to the NEF - KF)
October 28, 2022 Opinion or Order Filing 172 ORDER. IT IS ORDERED that Festa must comply with 9/26/2022 170 Order and LocalRules 16-3 and 16-4. By 11/18/2022, Festa must either (1) respond meaningfully to the defendants draft order and provide the information necessary to complete his portion of the order, or (2) file a response to this order explaining why he is unable to do so. If he fails to do either of these by 11/18/2022, the court will dismiss his claims and close this case without further notice. If he participates in drafting the joint pretrial order, the parties must file it by 12/2/2022. Signed by Judge Andrew P. Gordon on 10/28/2022. (Copies have been distributed pursuant to the NEF - TRW)
September 26, 2022 Opinion or Order Filing 170 ORDER. The parties must file a proposed joint pretrial order by 10/28/2022. Failure to comply with this order may result in sanctions, including dismissal of claims or defenses without further notice. Signed by Judge Andrew P. Gordon on 9/26/2022. (Copies have been distributed pursuant to the NEF - TRW)
August 22, 2022 Opinion or Order Filing 168 ORDER Granting in part 149 Motion for Summary Judgment. The only remaining claims are for First Amendment retaliation against Defendant Justin Gordon based on threats and First Amendment retaliation against Defendant Michael Lavell. The clerk of court is instructed to terminate defendants Joshua Wikoff and Edward Provencal as defendants. Signed by Judge Andrew P. Gordon on 8/22/2022. (Copies have been distributed pursuant to the NEF - TRW)
April 27, 2022 Opinion or Order Filing 167 ORDER Denying as moot 161 Motion to Halt Summary Judgment. Plaintiff Anthony Festa has until 5/27/2022 to file a response to the defendants motion for summary judgment (ECF No. 149 ). Signed by Judge Andrew P. Gordon on 4/27/2022. (Copies have been distributed pursuant to the NEF - KF)(Mailed to P - KF) Regenerated NEF.
February 28, 2022 Opinion or Order Filing 166 ORDER. IT IS ORDERED that 148 Motion to Compel is DENIED without Prejudice. To the extent judicial involvement is required notwithstanding the continued conferral efforts, any renewed motion must be filed by 4/19/2022. 165 Motion to Extend is DENIED as moot. Signed by Magistrate Judge Nancy J. Koppe on 2/28/2022. (Copies have been distributed pursuant to the NEF - KF)
December 14, 2021 Opinion or Order Filing 158 ORDER Granting 156 Motion to Extend Time Re: 149 Motion for Summary Judgment - Responses due by 1/31/2022. Signed by Judge Andrew P. Gordon on 12/14/2021. (Copies have been distributed pursuant to the NEF - DRS) (Main Document 158 replaced on 12/14/2021) (MAJ).
December 10, 2021 Opinion or Order Filing 155 ORDER granting 150 Motion to Seal. 151 Sealed Unredacted Version of Filed Document shall remain under seal. Signed by Judge Andrew P. Gordon on 12/10/2021. (Copies have been distributed pursuant to the NEF - DRS)
April 19, 2021 Opinion or Order Filing 136 ORDER. The Court hereby SETS a telephonic hearing for 3:00 PM on 4/27/2021. Signed by Magistrate Judge Nancy J. Koppe on 4/19/2021. (Copies have been distributed pursuant to the NEF - MR)
February 2, 2021 Opinion or Order Filing 133 ORDER Granting 132 Motion to Stay Case. See Order for deadlines. Signed by Judge Andrew P. Gordon on 2/2/2021. (Copies have been distributed pursuant to the NEF - MR)
January 11, 2021 Opinion or Order Filing 130 ORDER Granting in part and Denying in part 125 Motion to Extend Time re 122 Order (First Request). See Order for details/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 1/11/2021. (Copies have been distributed pursuant to the NEF - MR) (Main Document 130 replaced on 1/11/2021) (MR).
January 7, 2021 Opinion or Order Filing 127 ORDER. IT IS ORDERED that Magistrate Judge Koppe's report and recommendation (ECF No. 119 ) is accepted. The Fourth Amended Complaint (ECF No. 120 ) is the operative complaint, but it does not include any claims against Governor Sandoval, Dir ector of Prisons Dzurenda, and Warden Williams. Nor does it include the ninth, thirteenth, fourteenth, sixteenth, seventeenth, and eighteenth causes of action. IT IS FURTHER ORDERED that Magistrate Judge Koppe's report and recommendation (ECF No. 121 ) is accepted and defendants Jackson and Pugh are dismissed without prejudice for lack of service. Signed by Judge Andrew P. Gordon on 1/7/2021. (Copies have been distributed pursuant to the NEF - HAM)
July 14, 2020 Opinion or Order Filing 106 ORDER re 103 Motion for Leave to File Fourth Amended Complaint. To the extent Defendants oppose the relief requested, a response to the motion must be filed by 7/21/2020. Signed by Magistrate Judge Nancy J. Koppe on 7/14/2020. (Copies have been distributed pursuant to the NEF - MR)
June 5, 2020 Opinion or Order Filing 100 ORDER Granting in part and Denying in part 98 Motion to Extend Time re 97 Order (First Request). See Order for deadlines. Signed by Magistrate Judge Nancy J. Koppe on 6/5/2020. (Copies have been distributed pursuant to the NEF - MR)
May 4, 2020 Opinion or Order Filing 97 ORDER Granting 86 Motion to Dismiss. Amended Complaint deadline: 6/8/2020. Signed by Judge Andrew P. Gordon on 5/4/2020. (Copies have been distributed pursuant to the NEF - MR)
November 4, 2019 Opinion or Order Filing 95 ORDER Granting 93 Motion for Pro Se Litigant to File Electronically. Signed by Magistrate Judge Nancy J. Koppe on 11/4/2019. (Copies have been distributed pursuant to the NEF - MR)
August 27, 2019 Opinion or Order Filing 90 ORDER Granting 88 Motion to Extend Time re 86 Motion to Dismiss. Responses due by 9/26/2019. Signed by Judge Andrew P. Gordon on 8/27/2019. (Copies have been distributed pursuant to the NEF - MR)
June 25, 2019 Opinion or Order Filing 80 ORDER Granting 78 Application for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Nancy J. Koppe on 6/25/2019. (Copies have been distributed pursuant to the NEF - MR)
May 29, 2019 Opinion or Order Filing 74 ORDER. IT IS ORDERED that: The 73 motion to order that mediation be completed, that the Attorney General be recused and replaced, and that the Attorney General follow the Court's orders is DENIED. The 71 motion for an extension of time to f ile a third amended complaint is DENIED as moot. The 72 motion for leave to file a fourth amended complaint is DENIED. This case is no longer stayed. See Order for details/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 5/29/2019. (Copies have been distributed pursuant to the NEF - MR)
April 10, 2019 Opinion or Order Filing 68 ORDER. The Court VACATES the inmate early mediation conference set for 4/19/2019. Signed by Magistrate Judge Nancy J. Koppe on 4/10/2019. (Copies have been distributed pursuant to the NEF - MR)
March 13, 2019 Opinion or Order Filing 66 ORDER. IT IS ORDERED that plaintiff Anthony Festa's 55 motion for temporary restraining order and 54 motion for leave to file an addendum are DENIED as moot. Signed by Judge Andrew P. Gordon on 3/13/2019. (Copies have been distributed pursuant to the NEF - MR)
January 11, 2019 Opinion or Order Filing 53 ORDER Denying 48 , 51 Motions for Temporary Restraining Order. Signed by Judge Andrew P. Gordon on 1/11/2019. (Copies have been distributed pursuant to the NEF - MR)
January 4, 2019 Opinion or Order Filing 49 ORDER Re: 48 Motion. IT IS ORDERED that within seven days from entry of this order, the Attorney General's Office shall file a response to Festa's Motion. Signed by Judge Andrew P. Gordon on 1/3/2019. (Copies have been distributed pursuant to the NEF - ADR)
December 7, 2018 Opinion or Order Filing 47 ORDER. IT IS ORDERED that 40 , 45 plaintiff Anthony Festa's motions for temporary restraining order are DENIED as moot. IT IS FURTHER ORDERED that 44 plaintiff Anthony Festa's motion for default is DENIED. Signed by Judge Andrew P. Gordon on 12/7/2018. (Copies have been distributed pursuant to the NEF - ADR)
November 27, 2018 Opinion or Order Filing 41 ORDER Re: 40 Motion for TRO, Responses due by 12/3/2018. Within 7 days from entry of this order, the Attorney General's Office shall advise the Court whether it will enter a notice of appearance. Signed by Judge Andrew P. Gordon on 11/27/2018. (Copies have been distributed pursuant to the NEF - JM)
September 25, 2018 Opinion or Order Filing 38 ORDER. IT IS ORDERED that 37 Plaintiff's motion for an extension of time to file his third amended complaint is GRANTED. Plaintiff must file his third amended complaint by 10/3/2018. IT IS FURTHER ORDERED that 36 Plaintiff's motion for appointment of counsel is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 9/25/2018. (Copies have been distributed pursuant to the NEF - MR)
August 3, 2018 Opinion or Order Filing 33 ORDER. IT IS ORDERED that Plaintiff is granted leave to file a Third Amended Complaint. IT IS FURTHER ORDERED that the Clerk of the Court shall send Plaintiff copies of Docket Numbers 21 , 22 , 25 , 27 , 28 , 29 , 30 , and 31 with this order. IT IS FURTHER ORDERED that 24 Plaintiff's motion for an addendum is DENIED as moot. IT IS FURTHER ORDERED that 30 , 32 Plaintiff's motions to amend the complaint are DENIED as moot. IT IS FURTHER ORDERED that 27 , 29 Plaintiff's motions for appointment of counsel are DENIED. See Order for details/deadlines. Signed by Magistrate Judge Nancy J. Koppe on 8/3/2018. (Copies have been distributed pursuant to the NEF - MR)
February 28, 2018 Opinion or Order Filing 18 ORDER. IT IS ORDERED that 17 the motion for extension of time is GRANTED. Plaintiff shall file his second amended complaint on or before 4/20/2018. IT IS FURTHER ORDERED that, if Plaintiff does not file a second amended complaint by 4/20/2018, this action shall be dismissed with prejudice for failure to state a claim. Signed by Magistrate Judge Nancy J. Koppe on 2/28/2018. (Copies have been distributed pursuant to the NEF - MR)
February 20, 2018 Opinion or Order Filing 15 SCREENING ORDER on Amended Complaint. Plaintiff's 12 Motion for Leave to File an Amended Complaint is Granted. The Clerk of the Court will file the 12 -1 Amended Complaint. The Amended Complaint is the operative Complaint. The 9 Motion to Extend Time to File an Application to Proceed in Forma Pauperis and the 11 Motion/Application for Leave to Proceed in forma pauperis are Denied as moot. A decision on the 13 Motion/Application to Proceed in Forma Pauperis is Defer red. The Amended Complaint is Dismissed in its entirety without prejudice and with leave to amend. The Nevada Department of Corrections is dismissed with prejudice as amendment would be futile. Plaintiff's 2 Motion for Appointment of Couns el is Denied without prejudice. Plaintiff's 14 Motion to Extend Copy Work is Granted. The Nevada Department of Corrections shall extend Plaintiff's prison copy work limit by another $3.00. Second Amended Complaint deadline: wi thin 30 days from the date of entry of this Order. Signed by Judge Andrew P. Gordon on 2/20/2018. (Copies have been distributed pursuant to the NEF - Complaint instructions/form, original 1 -1 Complaint, and Amended Complaint mailed to Plaintiff - SLD)
March 29, 2017 Opinion or Order Filing 6 ORDER. IT IS ORDERED that 5 the motion requesting a TRO form is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 3/29/17. (Copies have been distributed pursuant to the NEF - MR)
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Plaintiff: Anthony Festa
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Defendant: NDOC
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