Brand v. Cox et al
| Thomas Brand |
| Isidro Baca, Greg Cox, Foster, Kieth, E. K. McDaniel, Moyle, Sgt. Murquia, Rexwinkle, Skulstad, Lisa Walsh and Lt. Widmar |
| 3:2017cv00043 |
| January 24, 2017 |
| US District Court for the District of Nevada |
| Reno Office |
| William G. Cobb |
| Miranda M. Du |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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
197
ORDER TO TRANSPORT PLAINTIFF AND ORDER TO TEST NDOC INMATE FOR IN-PERSON COURT PROCEEDINGS - Inmate to personally attend the jury trial scheduled for Tuesday, May18, 2021, at 9:00 AM before the Honorable Miranda M.Du. The jury trial is sched uled for 3-4 days. Clerk of Court shall provide a courtesy copy of this order to the U.S. Marshals Office in Reno. (Copy of Order emailed to USM on 4/29/2021.) Signed by Chief Judge Miranda M. Du on 4/29/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
175
ORDER - Judge Cobb's Report and Recommendation (ECF No. 172 ) is adopted in its entirety. Defendants' Motion for Summary Judgment (ECF No. 151 ) is denied in part and granted in part. It is denied as to the Eighth Amendment failure to protect claim against Mullins. It is granted as to the remaining claims and Defendants. Signed by Chief Judge Miranda M. Du on 6/25/2020. (Copies have been distributed pursuant to the NEF - AB)
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Filing
164
ORDER re ECF No. 160 Motion for Supplemental Discovery. Defendants' counsel should report to the court as to the two inquiries outlined herein order on or before Wednesday, February 12, 2020. Signed by Magistrate Judge William G. Cobb on 1/27/2020. (Copies have been distributed pursuant to the NEF - LW)
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Filing
159
ORDER - GRANTED IN PART re ECF no. 158 Motion; Plaintiff's obligation to file a response to the pending motion for summary judgment, and consequently Defendants' obligation to file a reply brief, is stayed until the court resolves Plaintiff's Rule 56(d) motion. Signed by Magistrate Judge William G. Cobb on 12/5/2019. (Copies have been distributed pursuant to the NEF - AB)
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Filing
156
ORDER GRANTING ECF No. 155 Motion to Extend Time : Response to ECF No. 151 Motion for Summary Judgment due by 12/23/2019. Reply due by 1/10/2020. Signed by Magistrate Judge William G. Cobb on 10/7/2019. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
117
ORDER - Clerk directed to e-serve NV AG with a copy of this order and a copy of ECF No. 107 Plaintiff's First Amended Complaint (E-service and NEF regenerated on 4/5/2019); service must be perfected by 7/3/2019; AG to advise Court by 4/26/2019 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the def endant(s); answer/response due within 60 days for any defendants represented; henceforth, Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 4/4/2019. (Copies have been distributed pursuant to the NEF - LH)
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Filing
106
ORDER that the Report and Recommendation of Magistrate Judge William G. Cobb (ECF No. 76 ) is accepted and adopted in full; Plaintiff's Objection (ECF No. 83 ) is overruled; Clerk directed to detach and file Plaintiff's Firs t Amended Complaint (ECF No. 45 -1) along with the attached exhibits thereto; Plaintiff will be allowed to proceed on the claims specified herein; Defendant Rexwinkel is dismissed without prejudice; Plaintiff's motion for leave to file a surreply (ECF No. 89 ) is denied; Defendants' motion to strike (ECF No. 91 ) is denied as moot; and Defendants' objection to Magistrate Judge Order (ECF No. 82 ) is overruled. Signed by Judge Miranda M. Du on 12/10/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
100
ORDER re: 90 Plaintiff's Notice to the Court; In Re: Estate of Julie Rexwinkel Successor Fed R. Civ. P. Rules 25(a). To the extent, Plaintiff's Notice 90 is construed as a motion to substitute parties, the motion is denied. Plaintiff is reminded he has until October 23, 2018, to file a motion for substitution identifying Rexwinkel's executor or administrator as a party or Rexwinkel will be dismissed from this action. See Order for further details. Signed by Magistrate Judge William G. Cobb on 9/4/2018. (Copies have been distributed pursuant to the NEF - HJ)
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Filing
87
ORDER GRANTING ECF No. 86 Motion to Extend Time : Defendant Ronald Mullins shall have to and including September 20, 2018, in which to respond to Plaintiff's request for admissions. Signed by Magistrate Judge William G. Cobb on 8/16/2018. (Copies have been distributed pursuant to the NEF - DRM)
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Filing
74
ORDER that Defendants' Motion to Dismiss and Motion for Summary Judgment (ECF Nos. 59 , 60 ) are DENIED WITHOUT PREJUDICE; Plaintiff's motions to strike the re-filed motions (ECF Nos. 63 , 64 ) are DENIED AS MOOT. Signed by Magistrate Judge William G. Cobb on 7/27/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
17
ORDER that ECF No. 16 Plaintiff's motion for identifying unserved defendants is DENIED WITHOUT PREJUDICE as it is premature. Signed by Magistrate Judge William G. Cobb on 4/27/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
15
ORDER that Plaintiff's IFP Application (ECF No. 1 ) is GRANTED; NDOC to pay Clerk from inmate account (copy of order sent to Finance and NDOC Chief of Inmate Services); Clerk directed to e-serve NV AG with a copy of this order and ECF No . 4 Complaint (E-service and NEF regenerated on 4/18/2018); service must be perfected by 7/17/2018; AG to advise Court by 5/9/2018 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s); answer/response due within 60 days for any defendants represented; plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 4/18/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing
6
ORDER pursuant to ECF No. 3 Screening Order that this action shall proceed against Defendants Mullins, Rexwinkle, Keith and Moyle; ECF No. 5 Motion to Proceed with Settlement with Stipulation is granted in part; this action is Stayed for 90 days to allow parties to settle their dispute before the $350.00 filing fee is paid, an answer is filed, or the discovery process begins; AG must file the attached report regarding the results of the 90 day stay; a "settlement" ; may or may not include payment of money damages; if the case does not settle, Plaintiff will be required to pay the full filing fee; if a party seeks exclusion from the inmate mediation program, that party must file a motion to exclude case from me diation by 2/15/2018; Clerk directed to electronically serve a copy of this order, ECF No. 3 Screening Order and ECF No. 4 Plaintiff's Complaint on AG (E-service and NEF regenerated on 1/25/2018); AG must advise Court by 2/15/2018< /b> whether it will enter a limited notice of appearance on behalf of Defendants for purpose of settlement. See order for further details. Signed by Magistrate Judge William G. Cobb on 1/25/2018. (Copies have been distributed pursuant to the NEF - LH)
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