Evans et al v. Skolnik et al
Plaintiff: Donald York Evans and John Witherow
Defendant: Howard Skolnik, Don Helling, William Donat, Brian Henley, L Baker and Inmate Calling Solutions
Case Number: 3:2008cv00353
Filed: June 25, 2008
Court: US District Court for the District of Nevada
Office: Reno Office
County: Washoe
Presiding Judge:
Presiding Judge: Valerie P. Cooke
Presiding Judge: Howard D. McKibben
Nature of Suit: Civil Rights (Prison Condition)
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Both

Available Case Documents

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

Date Filed Document Text
January 14, 2019 Opinion or Order Filing 399 ORDER that the Motion to Withdraw ECF No. 398 is GRANTED; the Motion for Leave to Proceed on Appeal in Forma Pauperis ECF No. 394 is DENIED asmoot. Signed by Judge Robert C. Jones on 1/14/2019. (Copies have been distributed pursuant to the NEF - KW)
November 19, 2018 Opinion or Order Filing 395 ORDER granting ECF No. 391 Motion to Substitute Attorney : Plaintiff John Witherow substituting in pro se, in the place and stead of Attorneys Cal J. Potter, and Travis N. Barrick. (Copies have been distributed pursuant to the NEF - DRM)
November 7, 2018 Opinion or Order Filing 389 ORDER granting ECF No. 386 Motion for Summary Judgment; directing Clerk to enter judgment and close case. Signed by Judge Robert C. Jones on 11/7/2018. (Copies have been distributed pursuant to the NEF - KR)
September 5, 2018 Opinion or Order Filing 385 ORDER granting ECF No. 382 Motion for Extension of Time to File Motion for Summary Judgment. Motion due by 9/27/2018. Signed by Judge Robert C. Jones on 9/5/2018. (Copies have been distributed pursuant to the NEF - LH)
August 7, 2018 Opinion or Order Filing 381 ORDER denying ECF Nos. 377 Motion to Dismiss and 379 Motion for Pretrial Conference; any party wishing to file a motion for summary judgment on Fourth Amendment claims must do so within (21) days. Signed by Judge Robert C. Jones on 8/7/2018. (Copies have been distributed pursuant to the NEF - KW)
February 17, 2016 Opinion or Order Filing 365 ORDER directing Clerk to enter judgment in favor of Defendants on the Fourth Amendment claims and close case. Signed by Judge Robert C. Jones on 2/16/16. (Copies have been distributed pursuant to the NEF - JC)
November 26, 2013 Opinion or Order Filing 348 ORDER granting in part and denying in part 333 Motion for Attorney Fees. Costs awarded in amount of $3604.60, but attorney fees are denied. Signed by Chief Judge Robert C. Jones on 11/26/13. (Copies have been distributed pursuant to the NEF - JC)
August 23, 2013 Opinion or Order Filing 316 ORDERED that the # 291 Objection is GRANTED IN PARTand DENIED IN PART. Court will at this time exclude any evidence of later- recalled content of the disputed telephone calls not already disclosed to Defendants. The Court will not exclude testimony concerning evidence already provided, such as telephone logs and the like. Signed by Chief Judge Robert C. Jones on 8/20/2013. (Copies have been distributed pursuant to the NEF - DRM)
August 22, 2013 Opinion or Order Filing 315 ORDER granting 311 Motion in Limine. Signed by Chief Judge Robert C. Jones on 8/20/13. See Attached PDF for Specifics. (Copies have been distributed pursuant to the NEF - BLG)
June 11, 2013 Opinion or Order Filing 282 ORDER granting in part and denying in part 257 , 258 , and 259 Motions in Limine. FURTHER ORDERED that Clerk shall administratively terminate all parties except Witherow, Baker, and Connally. Signed by Chief Judge Robert C. Jones on 6/11/13. (Copies have been distributed pursuant to the NEF - JC)
March 20, 2013 Opinion or Order Filing 266 ORDERED that the # 235 Motion to Recover Attorney Fees is GRANTED. Signed by Judge Gloria M. Navarro on 3/20/2013. (Copies have been distributed pursuant to the NEF - DRM)
March 6, 2013 Opinion or Order Filing 262 ORDER DENYING 247 MOTION to Set Aside 237 ORDER on Motion for Sanctions, MOTION FOR RELIEF FROM ORDER. Signed by Judge Gloria M. Navarro on 03/06/2013. (Copies have been distributed pursuant to the NEF - KR)
March 30, 2012 Opinion or Order Filing 237 ORDERED that the # 203 Motion for Sanctions is GRANTED. FURTHER ORDERED that Boles shall pay the fees incurred by Ds in filing the instant motion for sanctions. Ds shall file an itemized list of the fees incurred in filing the instant motion. FURTH ER ORDERED that Boles shall be referred to the State Bar of Nevada for investigation pursuant to Nevada Supreme Court Rules 99-105 and to determine whether his conduct warrants discipline in accordance with the Nevada Supreme Court Rules. Signed by Judge Gloria M. Navarro on 3/30/2012. (Copies have been distributed pursuant to the NEF - DRM)
March 7, 2012 Opinion or Order Filing 232 ORDER ADOPTING and ACCEPTING # 222 Report and Recommendation. FURTHER ORD DENYING P's # 204 Motion to substitute names. FURTHER ORD DENYING P's # 205 Motion for partial summary judgment. FURTHER ORD GRANTING Ds' # 206 Motion for summary judgment. FURTHER ORD GRANTING, EXCEPT (as specified herein) Ds' # 207 Motion for summary judgment. Signed by Judge Gloria M. Navarro on 3/7/2012. (Copies have been distributed pursuant to the NEF - DRM)
April 14, 2011 Opinion or Order Filing 214 MINUTE ORDER - Order # 211 is VACATED. Reply to 208 Response re 204 Motion for leave to substitute names is due by Friday 4/29/2011. Response to 207 Motion for summary judgment is due by Friday 4/29/2011. No extensions of time shall be granted. Signed by Magistrate Judge Valerie P. Cooke on 4/14/2011. (Copies have been distributed pursuant to the NEF - DRM)
February 3, 2011 Opinion or Order Filing 200 ORDER denying 190 defendants' motion for terminating sanctions. Pursuant to Fed.R.Civ.P. 37(b)(2)(i) and (ii), Mr. Evans is prohibited from introducing the subject matter of Mr. Skolnik or Mr. Henley's interrogatories to support his cla ims or to oppose defendants, and the court deems established those facts that Mr. Skolnik and Mr. Henley sought to establish by their interrogatories. Dispositive motions shall be filed no later than March 22, 2011. Signed by Magistrate Judge Valerie P. Cooke on 2/3/11. (Copies have been distributed pursuant to the NEF - DN)
January 21, 2011 Opinion or Order Filing 198 ORDER re 189 statement of attorney's fees. Defendants are awarded the sum of $4,305.00 in attorney's fees. Mr. Boles and Mr. Evans are ordered to jointly pay the sanction award in the amount of $2,152.50 each, which is one-half of the sanction. (A copy of this order was mailed to Mr. Boles by DLN). Signed by Magistrate Judge Valerie P. Cooke on 1/21/11. (Copies have been distributed pursuant to the NEF - DN)
January 6, 2011 Opinion or Order Filing 195 ORDER GRANTING 194 Substitution of Counsel. Cal Potter agrees to the substitution as counsel for plaintiff John Witherow. Signed by Magistrate Judge Valerie P. Cooke on 1/6/2011. (Copies have been distributed pursuant to the NEF - MLC)
December 1, 2010 Opinion or Order Filing 186 ORDER. IT IS ORDERED that plaintiff Witherow's Objection 180 is DENIED. Magistrate Judge Cooke's Order 175 is AFFIRMED. Signed by Judge Gloria M. Navarro on 12/01/2010. (Copies have been distributed pursuant to the NEF - MLC)
September 23, 2010 Opinion or Order Filing 182 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 9/23/2010. By Deputy Clerk: Lisa Mann. Plaintiff John Witherow's 177 Motion for Pretrial Conference is DENIED. The court has issued an order outlining a briefing schedule and setting a hearing for 12/01/2010 175 . No extensions shall be granted. In the event that Mr. Witherow is released from prison prior to the hearing, he may appear telephonically if he is not residing in the Reno, Sparks, or Carson City area. and make arrangement with the Courtroom Administrator (Lisa Mann 775-686-5653). Mr. Witherow may appear personally at his own expense. (Copies have been distributed pursuant to the NEF - MLC)
April 27, 2010 Opinion or Order Filing 160 ORDER denying 142 Motion for Magistrate Judge to Reconsider Order. Signed by Magistrate Judge Valerie P. Cooke on 4/27/10. (Copies have been distributed pursuant to the NEF - DN)
March 2, 2010 Opinion or Order Filing 153 ORDER denying 144 Motion for recusal of magistrate judge. Signed by Magistrate Judge Valerie P. Cooke on 3/2/10. (Copies have been distributed pursuant to the NEF - DN)
November 5, 2009 Opinion or Order Filing 122 ORDER OVERRULING P Witherow's 118 Objections, and affirming and adopting 117 Report and Recommendation. IT IS FURTHER ORDERED that ICS's 83 Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that GTL's 99 Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that Embarq's 85 combined motion is GRANTED as to the Motion to Dismiss, and DENIED as to its Motion for Summary Judgment. IT IS FURTHER ORDERED that P Witherow's 104 Motion to Stay Summary Judgment is DENIED as MOOT Signed by Judge Robert C. Jones on 11/5/2009. (Copies have been distributed pursuant to the NEF - DRM)
October 2, 2009 Opinion or Order Filing 117 REPORT AND RECOMMENDATION granting 99 MOTION to Dismiss filed by Global Tel*Link; denying as moot 104 MOTION to Stay Summary Judgment filed by John Witherow; granting 85 MOTION to Dismiss; and denying Motion for Summary Judgment filed by Embarq; granting 83 MOTION to Dismiss Plaintiff Witherow's Second Amended Complaint filed by Inmate Calling Solutions. Objections to R&R due by 10/18/2009 Signed by Magistrate Judge Valerie P. Cooke on 10/2/09. (Copies have been distributed pursuant to the NEF - DN)
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Plaintiff: Donald York Evans
Represented By: Marc P Picker
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Plaintiff: John Witherow
Represented By: Marc P Picker
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Defendant: Howard Skolnik
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Defendant: Don Helling
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Defendant: William Donat
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Defendant: Brian Henley
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Defendant: L Baker
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Defendant: Inmate Calling Solutions
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