Fernandez v. Baker et al
| Kevin Fernandez |
| Renee Baker, Arthur Boynton, Brown, Cooke, Crossman, Crounck, Davis, Evers, C. Fillman, Michael Fletcher, Hathaway, Healer, Hoerester, Holland, Jackson, Kimbrell, Dr. Koen, T. Lamb, LeBeau, E.K. McDaniels, J. Ornelas, R. Ornelas, Paryga, Perkins, Roberts, Rowland, Talbert, Thompson, Tucker and Westbay |
| 3:2014cv00578 |
| November 12, 2014 |
| US District Court for the District of Nevada |
| Reno Office |
| Valerie P. Cooke |
| Miranda M. Du |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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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
440
ORDER granting ECF No. 439 Stipulation for Dismissal with Prejudice. Signed by Judge Miranda M. Du on 12/6/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
436
ORDER granting ECF No. 433 Stipulation to Extend Deadline to File Stipulation and Order of Dismissal with Prejudice (Final Request). Signed by Judge Miranda M. Du on 10/29/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
431
ORDER granting ECF No. 430 Stipulation to Extend Deadline to File Stipulation and Order of Dismissal with Prejudice (Second Request). Signed by Magistrate Judge Carla Baldwin Carry on 9/28/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
425
ORDER granting ECF No. 423 Stipulation to Extend Deadline to File Stipulation and Order of Dismissal, With Prejudice (First Request). Stipulation due by 9/10/2018. Signed by Judge Miranda M. Du on 8/8/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
392
AMENDED ORDER ACCEPTING AND ADOPTING AMENDED REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE VALERIE P. COOKE ECF No. 387 in its entirety; ECF No. 342 Defendants' motion for summary judgment is granted in part and denied in part; ECF No. 370 Defendants' motion to seal certain exhibits is granted. Signed by Judge Miranda M. Du on 2/21/2018. (Copies have been distributed pursuant to the NEF - KW)
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Filing
388
ORDER that ECF No. 387 Amended R&R is accepted and adopted in its entirety; ECF No. 342 Defendants' motion for summary judgment is granted in part and denied in part; and ECF No. 370 Defendants' motion to seal certain exhibits is granted. Signed by Judge Miranda M. Du on 2/8/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
376
ORDER granting nunc pro tunc ECF No. 306 Motion to Extend Time; Plaintiff's reply briefs ECF Nos. 325 and 332 are stricken; Motion for District Judge to Reconsider Order ECF Nos. 310 , 317 , and 340 are overruled. Signed by Judge Miranda M. Du on 10/26/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing
339
ORDER denying 328 Motion to Compel. Signed by Magistrate Judge Valerie P. Cooke on 6/5/17. (Copies have been distributed pursuant to the NEF - DN)
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Filing
311
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 3/24/2017, granting in part and denying in part Plaintiff's ECF No. 209 Motion to Compel (see order for details). (Copies have been distributed pursuant to the NEF - KR)
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Filing
302
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 3/6/2017. Defendants' motion to strike (ECF No. 253 ) is GRANTED. Plaintiff's motion for order (ECF No. 254 ) is DENIED AS MOOT. Motions numbered ECF No s. 250 and 286 are DENIED AS MOOT. The parties shall file a stipulation on or before Friday, March 20, 2017 concerning the resolution of the motions numbered ECF Nos. 278 , 280 , & 285 . The parties shall be given until Friday, March 17, 20 17, to continue to meet and confer as to ECF Nos. 209 and 217 ). Defendants' counsel shall file a status report concerning those motions no later than Monday, March 20, 2017. The deadline to file dispositive motions is Friday, April 21, 2017. In the event no dispositive motion is filed, the parties shall filed a proposed joint pretrial order on or before Monday, May 22, 2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
290
ORDER denying ECF No. 246 Motion for District Judge to Reconsider Order; adopting in full ECF No. 266 Report and Recommendation; denying ECF No. 246 / 274 Motion for Reconsideration; granting ECF No. 193 Moti on for Default Against Tucker in that the Court will impose default as discovery sanctions and default will be entered against Tucker, but denied as to Plaintiff's request for entry of default judgment against Tucker; denying without prejudice ECF No. 210 Motion for Default Judgment against Brown; denying ECF No. 276 Motion for Leave to File a Reply. Signed by Judge Miranda M. Du on 12/21/2016. (Copies have been distributed pursuant to the NEF - KW)
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Filing
243
ORDER - P's motion (ECF No. 184 ) is DENIED. P's motion (ECF No. 187 ) is DENIED. P's motion for an extension of time to file a reply (ECF No. 219 ) is DENIED as moot. P's motion (ECF No. 188 ) is DENIED. P's mot ion (ECF No. 189 ) is DENIED P's motion (ECF No. 190 ) is DENIED. P's motion (ECF No. 196 ) is GRANTED in part and DENIED in part (see pdf order for specifics): Ds' motion for extension of time (ECF No. 220 ) is GRANTED nunc pro tunc, P's request for an extension of time to file his reply (ECF No. 223) is also GRANTED P's reply re ECF Nos. 196 , 209 , 217 Motions is due 7/5/2016. The court also GRANTS P's motion to file supplemental exhibit (ECF No . 239 ). P's motions (ECF Nos. 235 & 240 ), are DENIED as moot based on this court order. P's motion for reconsideration of this court's earlier order (ECF No. 211 ) is DENIED. P's motion for enlargement of time to file a reply in support of his motion (ECF No. 227 ) is DENIED as moot. Ds' motions (ECF No. 220 & 225 ) are GRANTED nunc pro tunc. P's motion for an extension (ECF No. 241 ) is GRANTED, and his reply re ECF No. 217 motion is due by 7/5/2016. P's motion (ECF No. 218 ) is GRANTED. P's motion to compel (ECF No. 228 ) is DENIED. Ds' motion for extension of time to file motion for summary judgment (ECF No. 234 ) is GRANTED. Signed by Magistrate Judge Valerie P. Cooke on 6/16/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
199
ORDER GRANTING # 181 Motion for Reconsideration : Clerk shall send one copy each of ## 169 , 193 Motions to Defendant Tucker. (Mailed on 4/7/2016.) Defendant Tucker shall have to and including Friday, April 29, 2016 to file a response to both of these motions. Signed by Magistrate Judge Valerie P. Cooke on 4/6/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
175
ORDER DENYING without prejudice # 169 Motion for default sanctions on defendant Tucker. Signed by Magistrate Judge Valerie P. Cooke on 2/17/2016. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
158
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 1/6/2016, denying as moot 130 and 144 Motions to Compel. (Copies have been distributed pursuant to the NEF - JC)
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Filing
147
ORDER - Plaintiff's # 142 Motion to seal address s DENIED. The Clerk is ordered to change plaintiff's address to:Kevin FernandezInmate #110185New Hampshire State PrisonPO Box 14Concord, NH 03302. Signed by Magistrate Judge Valerie P. Cooke on 12/7/2015. (Copies have been distributed pursuant to the NEF - DRM) Modified on 12/7/2015 to reflect mailed to P at specified address (DRM).
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Filing
120
ORDER denying 91 Motion for Review of Magistrate's Order; denying 106 and 113 Stipulations; directing Clerk to strike Plaintiff's 107 Reply. Signed by Judge Miranda M. Du on 10/22/2015. (Copies have been distributed pursuant to the NEF - KR)
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Filing
95
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 8/27/2015, granting in part and denying in part 61 Motion to Extend Time; denying 64 Motion for Copies of Complaint and Summons for Service; granting in part and denying in part 76 Motion to Extend Time; denying as moot 85 Motion to Compel; and addressing service issues with respect to Defendants Amanda Hoerester, Taylor Paryga, Thomas Lamb, Michael Brown, and Janet Garcia. USM-285 from Plaintiff due 9/9/2015 (USM-285 form mailed 8/27/15). Response from AG's Office with respect to Michael Brown and Janet Garcia due 9/9/2015. Summons to issue and USM to attempt service on Taylor Paryga three additional times at times other than between 8:00 a.m. through 6:00 p.m. Monday through Friday. Please see attached for further details. (Copies have been distributed pursuant to the NEF - JC)
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Filing
84
ORDER GRANTING in part # 44 Motion to Compel to allow review of health records (See order for specifics). Plaintiff's # 52 Motion for examination of plaintiff and prior biological specimens is DENIED. Signed by Magistrate Judge Valerie P. Cooke on 8/10/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
55
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 7/1/2015, granting 36 motion for the court to issue and serve summons and complaint on defendants not represented. Clerk shall issue summons for Seth Dav is and send same to USM with address provided under seal, complaint, and copy of this order and shall send to plaintiff USM-285 form (all forms distributed/mailed 7/1/15). Plaintiff shall have until 7/12/15 to return USM-285 form to USM. AG shall notify court re defendants Rowley, Perkins and Brown in accordance with the terms in attached order on or before 7/12/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
34
ORDER denying 18 motion for reconsideration. Plaintiff directed to file new motion for TRO and/or prelim inj. Clerk shall send Plaintiff copy of 18 motion for reconsideration (mailed 6/5/15). Signed by Judge Miranda M. Du on 6/5/15. (Copies have been distributed pursuant to the NEF - JC)
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Filing
19
ORDER - # 17 Motion to effect service is GRANTED. The Clerk shall ISSUE summonses for Amanda Hoerster, Steven Kimbrell, Thomas Lamb, Taylor Paryga, Tom Tolbert, and Brent Labeau and send same to the USM with the # 13 Addresses provided under seal. ( Sent to USM 5/14/2015 ) The Clerk shall SEND P 6 USM-285 forms. ( Mailed to P 5/14/2015 ) The Clerk shall SEND 6 copies of the # 5 Complaint, and 6 copies of this order to USM for service on the defendants. ( Sent to USM 5/14/2015 ) Plaintiff shall have until Friday, May 29, 2015 to complete the forms and return to USM. AG is ordered to REVIEW plaintiffs further descriptions of defendants Correctional Officers Davis, Perkins, Brown, Thompson, and Rowland on page two of dock et # 17 and advise the court on or before Friday, May 29, 2015 whether it can identify or accept service on behalf of these defendants or provide their last known addresses under seal. Signed by Magistrate Judge Valerie P. Cooke on 5/14/2015. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
11
ORDER - # 1 IFP application is GRANTED. NDOC shall pay Clerk from inmate account. Clerk shall SEND copy this order to Finance and to NDOC Inmate Services. (E-service to finance; copy mailed to NDOC.) Clerk shall SERVE this order and copy of # 5 Co mplaint on AG. (E-service 4/6/2015; complaint via NEF regeneration.) AG shall advise by 4/27/2015 re acceptance of serviec, and file under seal address for Ds for which service not accepted. P shall file a motion re unserved Ds. If service accepted, the answer/response due by 6/5/2015. Henceforth P shall sever Ds a copy of every pleading submitted for consideration. Signed by Magistrate Judge Valerie P. Cooke on 4/6/2015. (Copies have been distributed pursuant to the NEF - DRM)
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