McCabe v. Gibbons et al
Plaintiff: Dennis McCabe
Defendant: Jim Gibbons, Howard Skolnik, Dr. Bannister, Joe Brackbill, E.K. MCDANIEL, Martin Gregory, Saunders and Lyons
Case Number: 3:2009cv00244
Filed: May 11, 2009
Court: US District Court for the District of Nevada
Office: Reno Office
County: White Pine
Presiding Judge:
Presiding Judge: Larry R. Hicks
Presiding Judge: Robert A. McQuaid
Nature of Suit: None
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: None

Available Case Documents

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

Date Filed Document Text
February 3, 2014 Opinion or Order Filing 181 ORDERED that this case is referred to The Honorable William G. Cobb for the purpose of conducting a settlement conference. Signed by Judge Larry R. Hicks on 1/29/2014. (Copies have been distributed pursuant to the NEF - DRM)
September 27, 2013 Opinion or Order Filing 171 ORDER adopting and accepting 164 Report and Recommendation; denying 119 Motion for Summary Judgment; granting in part and denying in part 130 Motion for Summary Judgment (see order for details). The official capacity dam ages claims against the remaining Defendants are DISMISSED. Defendants' request for qualified immunity is DENIED. This case shall proceed as to Plaintiff's Eighth Amendment claim in Count I related to his spinal stenosis against Defendant s Bannister, McDaniel and Martin, and as to Plaintiff's Eighth Amendment claim in Count II related to his umbilical hernia against Defendant Martin. Plaintiff and Defendants Banister, McDaniel and Martin shall file a proposed pre-trial order within five (45) days. (Proposed Joint Pretrial Order due by 11/11/2013.) Signed by Judge Larry R. Hicks on 09/26/2013. (Copies have been distributed pursuant to the NEF - KR)
August 23, 2013 Opinion or Order Filing 168 ORDER - Defendants' # 167 Motion for Enlargement of Time to File Opposition to Plaintiff's # 166 Objections to Magistrate Judge's # 164 Report and Recommendation is GRANTED. Defendants shall have to and until Monday, September 9, 2013, by which to file and serve their opposition. Signed by Judge Larry R. Hicks on 8/23/2013. (Copies have been distributed pursuant to the NEF - DRM)
July 24, 2013 Opinion or Order Filing 163 ORDER GRANTING 128 Motion for Leave to File Excess Pages.; GRANTING 129 Motion to File Under Seal. Signed by Magistrate Judge William G. Cobb on 7/24/2013. (Copies have been distributed pursuant to the NEF - DRM)
April 26, 2013 Opinion or Order Filing 161 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/26/2013, DENYING Plaintiff's 160 Motion to Substitute the Honorable Robert A. McQuaid, Jr., U.S. Magistrate Judge. (Copies have been distributed pursuant to the NEF - KR)
September 28, 2012 Opinion or Order Filing 141 AMENDED ORDER re 140 Order denying 127 Motion for District Judge to Reconsider Order and adopting and accepting 124 Order on Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Judge Larry R. Hicks on 9/28/12. Signed by Judge Larry R. Hicks on 9/28/12. (Copies have been distributed pursuant to the NEF - JC)
July 19, 2012 Opinion or Order Filing 124 ORDER DENYING 123 Motion for Magistrate Judge to Reconsider Magistrate Judge Order. Signed by Magistrate Judge William G. Cobb on 7/19/2012. (Copies have been distributed pursuant to the NEF - DRM)
May 22, 2012 Opinion or Order Filing 113 ORDERED that the # 97 Report and Recommendation is adopted and accepted, and P's # 75 Motion for Preliminary Injunction and # 76 Motion for Temporary Restraining Order are DENIED. Signed by Judge Larry R. Hicks on 5/22/2012. (Copies have been distributed pursuant to the NEF - DRM)
February 27, 2012 Opinion or Order Filing 93 ORDER. IT IS ORDERED that Plaintiff's 85 motion is DENIED. Signed by Magistrate Judge William G. Cobb on 2/27/2012. (Copies have been distributed pursuant to the NEF - KO)
February 1, 2012 Opinion or Order Filing 89 ORDER. Plaintiff's "Notice" (and/or motion) 78 is DENIED. It should be noted the court expresses no opinion on whether the Riker case and the instant matter are "related". Defendants' Motion/Opposition 79 is DENIED AS MOOT. IT IS SO ORDERED. Signed by Magistrate Judge William G. Cobb on 2/1/2012. (Copies have been distributed pursuant to the NEF - MLC)
August 16, 2011 Opinion or Order Filing 58 ORDER DENYING P's 53 Motion to Compel. Ds shall have 33 days form the date of the scheduling order (# 56 ) in which to serve their responses to P's discovery requests that are the subject of P's motion to compel. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/16/2011. (Copies have been distributed pursuant to the NEF - DRM)
June 30, 2011 Opinion or Order Filing 51 ORDERED that P's # 45 Motion for reconsideration is GRANTED. FURTHER ORD that the portion of the # 43 Screening order dismissing Ds Skolnik, Bannister, Brackbill, McDaniel, Gibbons, Miller, and Cortez-Masto is VACATED. FURTHER ORD that the Cl erk shall REINSTATE Ds Skolnik, Bannister, Brackbill, McDaniel, Gibbons, Miller, and Cortez-Masto in this action. FURTHER ORD Clerk shall E-serve this Order, P's # 25 Amended Complaint upon AG. ( E-service of Order on 6/30/2011; E-service of # 25 Amended Complaint via NEF regeneration on 6/30/2011. ) AG SHALL ADVISE by 7/21/2011 whether it can accept service of process for the named Ds. If service cannot be accepted for any of the named Ds, P shall file a motion identifying the unserved Ds. If AG accepts service of process for any named Ds, such Ds SHALL FILE AND SERVE an answer or other response to the # 25 amended complaint by 7/30/2011. FURTHER ORD that henceforth, P shall serve Ds or Ds' counsel, a copy of every document submitted for consideration by the court, w a certificate of service. Signed by Judge Larry R. Hicks on 6/30/2011. (Copies have been distributed pursuant to the NEF - DRM)
October 27, 2010 Opinion or Order Filing 36 ORDER denying as moot 32 Plaintiff's Motion to Compel. See Order for details. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 10/27/10. (Copies have been distributed pursuant to the NEF - HJ)
October 25, 2010 Opinion or Order Filing 34 ORDER GRANTING 33 Motion to Discovery Deadline : The last day to complete discovery is extended 60 days from the date the new Screening Order is entered by the court. Signed by Magistrate Judge Robert A. McQuaid, Jr on 10/25/2010. (Copies have been distributed pursuant to the NEF - DRM)
August 25, 2010 Opinion or Order Filing 24 ORDER GRANTING P's 18 Motion to file amended complaint. Clerk shall detach and file amended complaint. FURTHER ORD GRANTING Ds' 21 Motion for Screening of amended complaint. No answer or response due from Ds until court has screened amended complaint. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/25/2010. (Copies have been distributed pursuant to the NEF - DRM)
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Plaintiff: Dennis McCabe
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Defendant: Jim Gibbons
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Defendant: Howard Skolnik
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Defendant: Dr. Bannister
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Defendant: Joe Brackbill
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Defendant: E.K. MCDANIEL
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Defendant: Martin Gregory
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Defendant: Saunders
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Defendant: Lyons
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