Riker et al v. Gibbons et al Featured Case

Plaintiffs Ely State Prison inmates alleged that Defendants Nevada state officials deprived them of medical care at Ely State Prison, thereby subjecting them to constant significant risk of serious injury, medical harm, premature death and the needless infliction of pain and suffering.

Plaintiff: David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer and Mark Whittington
Defendant: James Gibbons, Ross Miller, Catherine Cortez Masto, Howard Skolnik, Robert Bannister and E.K. MCDANIEL
Case Number: 3:2008cv00115
Filed: March 6, 2008
Court: US District Court for the District of Nevada
Office: Prisoner: Civil Rights Office
County: White Pine
Presiding Judge: Valerie P. Cooke
Presiding Judge: Brian E. Sandoval
Nature of Suit: None
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 19, 2021 Opinion or Order Filing 197 ORDERED that inmate Richard Iden's Motion for Notice of Violation of Settlement Agreement (ECF No. 193 ) and Motion for Clarification (ECF Nos. 195 ) are DENIED. IT IS FURTHER ORDERED that inmate Richard Iden SHALL FILE NO FURTHER DOCUMENTS in this closed action. Signed by Judge Larry R. Hicks on 1/19/2021. (Copies have been distributed pursuant to the NEF - DRM)
August 16, 2011 Opinion or Order Filing 182 ORDER DENYING inmate Steve Cox's ## 180 , 181 Petitions/Motions. IT IS FURTHER ORDERED that inmate Cox SHALL FILE NO FURTHER DOCUMENTS in this closed action. Signed by Judge Larry R. Hicks on 8/16/2011. (Copies have been distributed pursuant to the NEF - DRM)
October 28, 2010 Opinion or Order Filing 176 ORDER DENYING 164 Motion for preparation of a transcript at government expense. Individuals may obtain a transcript of proceedings in this case by tendering the appropriate fees to the court reporter, along a transcript order form, which is available from the Clerk of Court. Signed by Judge Larry R. Hicks on 10/27/2010. (Copies have been distributed pursuant to the NEF - DRM)
August 2, 2010 Opinion or Order Filing 148 ORDER. IT IS ORDERED that the fairness hearing is set for October 25, 2010, at 10:00 a.m. in Courtroom 5, at the Bruce R. Thompson Federal Building and U.S. Courthouse in Reno, NV. Signed by Judge Larry R. Hicks on 8/2/2010. (Copies have been distributed pursuant to the NEF - PM)
July 28, 2010 Opinion or Order Filing 147 COURT APPROVED: NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Riker v. Gibbons, Case No. 3:08-CV-00115-LRH-VPC (D. Nev.)TO: ALL PRISONERS AT THE ELY STATE PRISON, ELY, NV, THE PURPOSE OF THIS NOTICE IS TO INFORM YOU OF: THE TERMS OF THE P ROPOSED SETTLEMENT AGREEMENT; THE REASONS WHY CLASS COUNSEL BELIEVE THAT SETTLEMENT IS IN THE BEST INTERESTS OF THE CLASS; YOUR RIGHT TO OBJECT TO THE SETTLEMENT. (See Attached Notice for Specifics) (IMAGE/PDF ATTACHED) Signed by Judge Larry R. Hicks on 7/28/10. (Copies have been distributed pursuant to the NEF - BLG)
May 19, 2009 Opinion or Order Filing 48 ORDER approving 45 Notice of Corrected Image/Document re 43 Order. Signed by Judge Larry R. Hicks on 5/19/09. (Copies have been distributed pursuant to the NEF - SL)
May 5, 2009 Opinion or Order Filing 43 ORDER APPROVING 42 parties' Stipulated Class Notice. Signed by Judge Larry R. Hicks on 5/5/09. (Copies have been distributed pursuant to the NEF - SL)
March 31, 2009 Opinion or Order Filing 40 ORDER granting 7 Plaintiffs' Motion to Certify Class and denying as moot 23 Defendants' Motion to Sever. IT IS FURTHER ORDERED that the parties shall submit a proposed notice within 30 days that includes the following matters: (1) nat ure of the action; (2) definition of the class certified; (3) class claims, and (4) that a class member may enter an appearance through an attorney if the member so desires. See order re specifics. ( Notice of Compliance is due by 4/30/2009.) Signed by Judge Larry R. Hicks on 3/31/09. (Copies have been distributed pursuant to the NEF - SL)
March 24, 2009 Opinion or Order Filing 38 ORDER re any reply by Plaintiffs to 37 Defendants' Supplemental Brief in Opposition to Class Certification is due on or before Friday, 3/27/2009. Signed by Judge Larry R. Hicks on 3/24/09. (Copies have been distributed pursuant to the NEF - SL)
March 18, 2009 Opinion or Order Filing 36 ORDER approving 35 parties' Stipulation for a 3-day extension of time for Defendants to file their response to 32 Supplemental brief re class certification. NO FURTHER EXTENSIONS WILL BE GRANTED. ( Answering brief due by 3/20/2009.) Signed by Judge Larry R. Hicks on 3/18/09. (Copies have been distributed pursuant to the NEF - SL)
March 4, 2009 Opinion or Order Filing 34 ORDER APPROVING 33 parties' Stipulation for two-week extension for defendants to file and serve their response to 32 supplemental brief re class certification. (Answering brief due by 3/17/2009.) Signed by Judge Larry R. Hicks on 3/4/09. (Copies have been distributed pursuant to the NEF - SL)
January 13, 2009 Opinion or Order Filing 31 ORDER identifying additional issues requiring further briefing by the parties re 7 Plaintiffs' MOTION to Certify Class pursuant to 01/09/2009 hearing. See order re specifics. Plaintiffs are granted 30 days to file an opening brief and a pro posed Rule 23(c)(1)(B) Order. Defendants are granted 20 days to respond and Plaintiffs are granted 10 days to file a reply. ( Opening brief due by 2/12/2009.) Signed by Judge Larry R. Hicks on 1/13/09. (Copies have been distributed pursuant to the NEF - SL)
May 29, 2008 Filing 25
REPLY to Response to 23 MOTION to Sever ; filed by Plaintiff David Robert Riker. Reply Memo of Points & Authorities in Further Support of Plaintiffs' Mot. for Class Cert. and Opposition to Defs.' Mtn to Sever (Attachments: # 1 Declaration Decl. of A. Fettig, # 2 Certificate of Service)(Fettig, Amy)
May 15, 2008 Filing 23
MOTION to SEVER and RESPONSE to 7 MOTION to Certify Class, filed by Defendants Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto. OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND MOTION TO SEVER Replies due by 5/29/2008. (Traut, Janet) Modified on 5/16/2008 to activate motion status. (BLG).
April 18, 2008 Opinion or Order Filing 21
ORDER GRANTING 18 Verified Petition for Permission to Practice Pro Hac Vice for attorney, Margaret Winter , and approving Lee Rowland for Designation of Local Counsel. Signed by Judge Larry R. Hicks on 4/18/08. (Copies have been distributed pursuant to the NEF - KO)
April 16, 2008 Filing 18
VERIFIED PETITION for Permission to Practice Pro Hac Vice by Margeret Winter and DESIGNATION of Local Counsel Lee Rowland (Filing fee $ 175 receipt number 09780000000000856035) by Plaintiffs David Robert Riker, Roger Libby, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Motion ripe 4/16/2008. (Rowland, Lee)
April 2, 2008 Filing 14
MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 4/2/2008, approving 12 parties' Stipulation for extension of time for Defendants to file responsive pleadings to Plaintiffs' 1 Complaint and 7 Plaintiffs' MOTION for Class Certification. Defendants' shall have until 05/15/2008 to file responsive pleadings. The parties also stipulated that during the interim no named Plaintiff in this case will be moved from the Ely State Prison but for cause. (Copies have been distributed pursuant to the NEF - SL)
April 1, 2008 Filing 13
NOTICE of Appearance by attorney Janet E Traut on behalf of Defendants Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto. NOTICE OF APPEARANCE (Traut, Janet)
March 28, 2008 Filing 12
STIPULATION re 1 Complaint,,, 7 MOTION to Certify Class ; by Defendants Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto, Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. (Lichtenstein, Allen)
March 24, 2008 Filing 11
SUMMONS Returned Executed by David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington re 3 Summons Issued. Howard Skolnik served on 3/11/2008, answer due 3/31/2008; Robert Bannister served on 3/11/2008, answer due 3/31/2008; E.K. MCDANIEL served on 3/11/2008, answer due 3/31/2008; James Gibbons served on 3/11/2008, answer due 3/31/2008; Ross Miller served on 3/11/2008, answer due 3/31/2008; Catherine Cortez Masto served on 3/11/2008, answer due 3/31/2008. (Attachments: # 1 Summons Returned Executed - Miller, # 2 Summons Returned Executed - Skolnik, # 3 Summons Returned Executed - Bannister, # 4 Summons Returned Executed - McDaniel, # 5 Summons Returned Executed - Gibbons)(Rowland, Lee)
March 13, 2008 Filing 9
MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 3/12/2008. This case is referred to the Chief Judge for reassignment to another Judge. (Copies have been distributed pursuant to the NEF - DRM)
March 12, 2008 Filing 8
CERTIFICATE OF SERVICE for Complaint, Motion for Class Cert and Memorandum in Support of Class Cert by Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington re 7 MOTION to Certify Class. Served on Janet Traut, counsel for NDOC (Rowland, Lee)
March 11, 2008 Filing 7
MOTION to Certify Class by Plaintiffs David Robert Riker, Roger Libby, Ricky David Sechrest, Terrence Brothers, Jeffrey Scott Hosmer, Mark Whittington. Responses due by 3/29/2008. (Attachments: # 1 Memorandum in Support of Class Certification)(Rowland, Lee)
March 10, 2008 Filing 6
Summons Issued as to E.K. MCDANIEL, James Gibbons re: 5 Proposed Summons. (Attachments: # 1 McDaniel Summons Revised)(PM)
March 7, 2008 Filing 3
Summons Issued as to Howard Skolnik, Robert Bannister, E.K. MCDANIEL, James Gibbons, Ross Miller, Catherine Cortez Masto. (Attachments: # 1 as to Gibbons, # 2 as to Masto, # 3 as to McDaniel, # 4 as to Miller, # 5 as to Skolnik)(PM)
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Plaintiff: David Robert Riker
Represented By: Lee B Rowland
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Plaintiff: Roger Libby
Represented By: Lee B Rowland
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Plaintiff: Ricky David Sechrest
Represented By: Lee B Rowland
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Plaintiff: Terrence Brothers
Represented By: Lee B Rowland
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Plaintiff: Jeffrey Scott Hosmer
Represented By: Lee B Rowland
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Plaintiff: Mark Whittington
Represented By: Lee B Rowland
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Defendant: James Gibbons
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Defendant: Ross Miller
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Defendant: Catherine Cortez Masto
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Defendant: Howard Skolnik
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Defendant: Robert Bannister
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Defendant: E.K. MCDANIEL
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