Almy v. Baca et al
| Almy and Kevin Almy |
| Baca, McCormick, Quentin Byrne, Gabriela Garcia, Silvia Irvin, B. Gutierrez, Dr. Donnally, Hector, Brian Williams, Sr., Tobar, Peterson, C Baxley, Frank Dreesen, Northern Nevada Correctional Center Staff, Moyle, Jones, SC Foster, Ron Schreckengost, Dr. Sanchez, Northern Nevada Correctional Center Maintenance Department, A. Maier, C. Lucas, Brian Ward, Gregory Yates, Edward Gibson, Romeo Aranas, R. Light, Ronda Larson, D. Clark, Sgt. Manning, Lynne Rensmon, Michael J. Thomas, Terez Wickham, Ira Hollingsworth, C/O Minor Adams, C.C. Adams, Marr, Reyes, C. Dressler, J. Keast, Isidro Baca, David Tristan, Aaron, James Dzurenda, Abuencamino, John Cosman, Rexwinkle and Mooney |
| 3:2017cv00224 |
| April 11, 2017 |
| US District Court for the District of Nevada |
| Reno Office |
| Carla Baldwin Carry |
| Valerie P Cooke |
| Miranda M Du |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 16, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 45 USM Return Executed re ECF No. #32 Summons Issued. A. Maier served on 9/28/2018, answer due 10/18/2018. (LH) |
| Filing 44 JOINDER to #34 Answer to Amended Complaint,,, by Defendants Romeo Aranas, Isidro Baca, Quentin Byrne, D. Clark, John Cosman, Frank Dreesen, James Dzurenda, Edward Gibson, B. Gutierrez, Ira Hollingsworth, Silvia Irvin, J. Keast, Ronda Larson, Manning, Marr, McCormick, Mooney, Moyle, Sanchez, Ron Schreckengost, David Tristan, Brian Ward, Terez Wickham, Brian Williams, Sr, Gregory Yates. (Halen, Joshua) |
| Filing 43 USM Return Unexecuted re ECF No. #31 Summons Issued as to Angie P. Jones. (LH) |
| Filing 42 USM Return Executed re ECF No. #32 Summons Issued. Manning served on 9/18/2018, answer due 10/8/2018. (LH) |
| Filing 41 USM Return Unexecuted re ECF No. #31 Summons Issued as to Gabriela Garcia. (LH) Modified on 9/19/2018 to edit docket no. (LH). |
| Filing 40 USM Return Executed re ECF No. #32 Summons Issued. Quentin Byrne served on 9/5/2018, answer due 9/25/2018. (LH) |
| Filing 39 USM Return Executed re ECF No. #31 Summons Issued. John Cosman served on 9/4/2018, answer due 9/24/2018. (KW) |
| Filing 38 USM Return Unexecuted as to Michael Thomas and Ryan Light per ECF No. #32 Summons Issued. (Attachments: #1 Ryan Light) (KW) |
| Filing 37 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (LH) |
Filing 36
SCHEDULING ORDER For Civil Rights Actions Filed By Incarcerated Pro Se Plaintiffs. Discovery due by 12/10/2018. Dispositive Motions due by 1/9/2019. Proposed Joint Pretrial Order due by 2/8/2019. Signed by Magistrate Judge Carla Baldwin Carry on 9/10/2018. (Copies have been distributed pursuant to the NEF - LH)
|
| Filing 35 CLERK'S NOTICE - due to the retirement of Magistrate Judge Valerie P. Cooke, this case is reassigned to Magistrate Judge Carla Baldwin Carry for all further pretrial proceedings. All further documents must bear the correct case number 3:17-cv-00224-RCJ-CBC. (no image attached) (BLG) |
| Filing 34 ANSWER to #19 Amended Complaint with Jury Demand Defendants' Answer to Plaintiff's Second Amended Complaint (ECF 19) filed by Romeo Aranas, Isidro Baca, D. Clark, Frank Dreesen, James Dzurenda, Edward Gibson, B. Gutierrez, Ira Hollingsworth, Silvia Irvin, J. Keast, Ronda Larson, C. Lucas, Marr, McCormick, Mooney, Moyle, Sanchez, Ron Schreckengost, David Tristan, Brian Ward, Terez Wickham, Brian Williams, Sr, Gregory Yates. Discovery Plan/Scheduling Order due by 10/5/2018.(Halen, Joshua) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 33 USM Return Unexecuted re ECF No. #31 Summons Issued as to Dr. William Donnelly. (Attachments: #1 Summons unexecuted) (LH) |
| Filing 32 SUMMONS ISSUED as to Quentin Byrne, R. Light, A. Maier, Manning. (Attachments: #1 Ryan Light, #2 Andrew Maier, #3 John Manning) (Issued pursuant to ECF No. 30 Order; and delivered to USM per order.)(DRM) |
| Filing 31 SUMMONS ISSUED as to John Cosman, Dr. Donnally, Gabriela Garcia, Jones, Michael J. Thomas. (Attachments: #1 Gabrielo Garcia, #2 Angie P. Jones, #3 John Cosman, #4 Michael Thomas) (Issued pursuant to ECF No. 30 Order; and delivered to USM per order. Four additional summons to be issued and delivered upon resolution of CM/ECF error.)(DRM) (Main Document 31 replaced on 8/8/2018) (DRM). (Attachment 1 replaced on 8/8/2018) (DRM). (Attachment 2 replaced on 8/8/2018) (DRM). (Attachment 3 replaced on 8/8/2018) (DRM). (Attachment 4 replaced on 8/8/2018) (DRM). |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 8/8/2018. Good cause appearing, Defendant's motion to extend time (ECF No. #29 ) to file a responsive pleading is granted. The Office of the Attorney General did not accept service of process on behalf of Defendants Quentin Byrne, Dr. William Donnelly, Gabrielo Gracia, Angie P. Jones, Ryan Light, Andrew Maier, John Manning, John Cosman, and Michael Thomas, who are no longer employees of the Nevada Department of Corrections (ECF No. #26 .) The Attorney General has filed the last known addresses of these defendants under seal (ECF No. 27 .) Plaintiff is directed to follow the instructions contained in this order if he wishes to have the U.S. Marshal attempt service on these defendants. The Clerk is directed to issue summonses for the above-named defendants and send the same to the U.S. Marshal with the addresses provided under seal (ECF No. 27 .) The Clerk is also directed to send sufficient copies of the second amended complaint (ECF No. #19 ), the screening order (ECF No. #18 ) and this order to the U.S. Marshal for service on the defendants. The Clerk is directed to send plaintiff sufficient USM-285 forms. Plaintiff will have until 8/22/2018 to complete the USM-285 service forms and return them to the U.S. Marshal, 400 S. Virginia St., 2nd Floor, Reno, NV 89501. If plaintiff fails to follow this order, the above-named defendants will be dismissed for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m). (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 29 First MOTION to Extend Time (First Request) Motion for Extension of Time to File Responsive Pleading (First Request) re #25 Order on Motion/Application to Proceed in forma pauperis,,,,,,, by Defendants Romeo Aranas, Isidro Baca, D. Clark, Frank Dreesen, James Dzurenda, Edward Gibson, B. Gutierrez, Ira Hollingsworth, Silvia Irvin, J. Keast, Ronda Larson, C. Lucas, Marr, McCormick, Mooney, Moyle, Sanchez, Ron Schreckengost, David Tristan, Brian Ward, Terez Wickham, Brian Williams, Sr, Gregory Yates. (Halen, Joshua) |
| Filing 28 NOTICE of Under Seal Submission of Last Known Address by Romeo Aranas, Isidro Baca, D. Clark, Frank Dreesen, James Dzurenda, Edward Gibson, B. Gutierrez, Ira Hollingsworth, Silvia Irvin, J. Keast, Ronda Larson, C. Lucas, Marr, McCormick, Mooney, Moyle, Sanchez, Ron Schreckengost, David Tristan, Brian Ward, Terez Wickham, Brian Williams, Sr, Gregory Yates. (Halen, Joshua) |
| Filing 26 ACCEPTANCE OF SERVICE by Marr, Edward Gibson, C. Lucas, James Dzurenda, Moyle, D. Clark, Ron Schreckengost, Gregory Yates, Romeo Aranas, Silvia Irvin, David Tristan, Brian Ward, Frank Dreesen, Ronda Larson, Mooney, Brian Williams, Sr, B. Gutierrez, Terez Wickham, Isidro Baca, J. Keast, Ira Hollingsworth, McCormick, Sanchez on 6/21/2018 executed by Marr, Edward Gibson, C. Lucas, James Dzurenda, Moyle, D. Clark, Ron Schreckengost, Gregory Yates, Romeo Aranas, Silvia Irvin, David Tristan, Brian Ward, Frank Dreesen, Ronda Larson, Mooney, Brian Williams, Sr, B. Gutierrez, Terez Wickham, Isidro Baca, J. Keast, Ira Hollingsworth, McCormick, Sanchez. Marr accepted service on 9/11/2017, answer due 11/10/2017; Edward Gibson accepted service on 9/11/2017, answer due 11/10/2017; C. Lucas accepted service on 9/11/2017, answer due 11/10/2017; James Dzurenda accepted service on 9/11/2017, answer due 11/10/2017; Moyle accepted service on 9/11/2017, answer due 11/10/2017; D. Clark accepted service on 9/11/2017, answer due 11/10/2017; Ron Schreckengost accepted service on 9/11/2017, answer due 11/10/2017; Gregory Yates accepted service on 9/11/2017, answer due 11/10/2017; Romeo Aranas accepted service on 9/11/2017, answer due 11/10/2017; Silvia Irvin accepted service on 9/11/2017, answer due 11/10/2017; David Tristan accepted service on 9/11/2017, answer due 11/10/2017; Brian Ward accepted service on 9/11/2017, answer due 11/10/2017; Frank Dreesen accepted service on 9/11/2017, answer due 11/10/2017; Ronda Larson accepted service on 9/11/2017, answer due 11/10/2017; Mooney accepted service on 9/11/2017, answer due 11/10/2017; Brian Williams, Sr accepted service on 9/11/2017, answer due 11/10/2017; B. Gutierrez accepted service on 9/11/2017, answer due 11/10/2017; Terez Wickham accepted service on 9/11/2017, answer due 11/10/2017; Isidro Baca accepted service on 9/11/2017, answer due 11/10/2017; J. Keast accepted service on 9/11/2017, answer due 11/10/2017; Ira Hollingsworth accepted service on 9/11/2017, answer due 11/10/2017; McCormick accepted service on 9/11/2017, answer due 11/10/2017; Sanchez accepted service on 9/11/2017, answer due 11/10/2017. Notice of Acceptance of Service (Halen, Joshua) |
|
Filing 25
ORDER that Plaintiff's IFP application (ECF No. #21 ) is granted; Clerk directed to electronically SERVE a copy of this order and ECF No. #19 Plaintiff's second amended complaint on the AG (E-service and NEF regenerated on 6/6/2018); service must be perfected by 9/3/2018; AG to advise Court by 6/26/2018 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 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 Valerie P. Cooke on 6/5/2018. (Copies have been distributed pursuant to the NEF - LH)
|
| Filing 24 STATUS REPORT Report of the Office of the Attorney General Re Results of the 90-Day Stay by Defendant Isidro Baca. (Halen, Joshua) |
| Filing 23 MINUTES OF PROCEEDINGS - Early Mediation Conference held on 4/17/2018, before Mediator Chandeni Sendall, Esq. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Kevin Almy, Pro Se (via video); Def Counsel: Josh Halen (present); Court Reporter: FTR; Time of Hearing: 9:00 a.m.; Recording start and end times: 9:23:47 a.m. - 9:24:29 a.m. / 10:46:05 a.m. - 10:46:43 a.m.; Courtroom: 2. 1st mediation session. Mr. Almy is appearing by video conference at the Northern District of Oklahoma courthouse in Tulsa, OK. A settlement was NOT reached. An early mediation program questionnaire for plaintiff to complete has been mailed to plaintiff. The questionnaire should be completed and returned to Judicial Assistant, at 400 South Virginia Street, Suite 404, Reno, Nevada 89501 within thirty (30) days. DO NOT FILE THE QUESTIONNAIRE. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KO) |
|
Filing 22
ORDER setting Inmate Early Mediation Conference. An Inmate Early Mediation Conference is set for 4/17/2018 at 09:00 AM in Reno Courtroom 2 before Mediator Chandeni Sendall. The mediation statements shall be received by chambers at 400 S. Virginia Street, Suite 405, Reno, NV 89501 no later than Tuesday, April 10, 2018 at 4:00 p.m. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge Valerie P. Cooke on 3/28/2018. (Copies have been distributed pursuant to the NEF - LGM)
|
| Filing 21 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Kevin Almy. (LH) |
| Filing 20 NOTICE of Appearance by attorney Joshua M. Halen on behalf of Defendant Isidro Baca. Limited Notice of Appearance (Halen, Joshua) |
| Filing 19 SECOND AMENDED COMPLAINT, filed by Kevin Almy. (Filed by clerk pursuant to ECF No. #18 Screening Order; E-service to AG.) (DRM) |
| Filing 18 SCREENING ORDER ON SECOND AMENDED COMPLAINT - P's IFP Applications (ECF Nos. #1 , #6 ) are denied as moot. Clerk shall send P a non-prisoner IFP form, with instructions. (Mailed 3/2/2018.) Fully complete IFP application, or full $400 filing fee due by 4/1/2018. The motion to amend complaint (ECF No. #15 ) is granted. Clerk of the Court shall file the second amended complaint (ECF No. #15 -1). Counts will proceed, or are dismissed, as specified herein. Defendants Adams, Abuencamino, Foster, Hector, NNCC Maintenance Department, Rensmon, Reyes, and Tobar are dismissed, without prejudice, from the second amended complaint. The motions for injunctive relief (ECF No. #4 , #5 ) are denied as moot. The motion to seal (ECF No. #7 ) is denied. The motion to strike (ECF No. #8 ) is denied as moot. This action stayed 90 days to allow parties opportunity to settle. AG shall file report re stay by 5/31/2018. If case does not settle, P shall pay $350 filing fee. Any "motion to exclude case from mediation" is due by 3/23/2018; response due 7 days thereafter. No reply. Clerk shall E-serve AG this order and second amended complaint (ECF No. #15 -1). (E-service performed 3/2/2018; Complaint served upon subsequent filing.) AG shall advise by 3/23/2018 re limited appearance for purpose of settlement. (copy of complaint sent to P)(Copies have been distributed pursuant to the NEF - DRM) |
| Filing 17 NOTICE of Change of Address by Plaintiff Kevin Almy. OLD: 205 Linda Loop, Sallisaw, OK 74955. NEW: 1950 N. Gary Ave., Tulsa, OK 74110. (LH) |
|
Filing 16
ORDER denying ECF No. #14 Motion to proceed; if plaintiff seeks to remove this case from screening, $400 filing fee to be paid; if plaintiff chooses not to pay the filing fee, the Court will screen plaintiff's civil rights complaint in due course. Signed by Magistrate Judge Valerie P. Cooke on 10/30/2017. (Copies have been distributed pursuant to the NEF - KW)
|
| Filing 15 MOTION to Amend Complaint (Second Request), by Plaintiff Kevin Almy. Responses due by 9/25/2017. (Attachments: #1 Second Amended Complaint)(DRM) |
| Filing 14 MOTION to proceed and NOTICE of Release and Request to Proceed , filed by Kevin Almy. OLD: NNCC to NEW: 205 Linda Loop, Sallisaw, OK 74955. (KW) Modified on 9/5/2017 put motion first (WJ). |
| Filing 13 NOTICE of Prospective Change of Address by Plaintiff Kevin Almy. Current address NNCC. New prospective address 205 Linda Loop, Sallisaw, OK 74955. (Prospective change only; no change made to plaintiffs current docket address.)(DRM) |
| Filing 12 NOTICE - Plaintiff's Preliminary Brief in Support of Equitable tolling of Claims in 42 U.S.C. 1983 Action, by Kevin Almy. (KW) |
| Filing 11 NOTICE - Plaintiff's Preliminary Brief in Support of Equitable tolling of Claim in 42 U.S.C. 1983 Action, by Kevin Almy. (KW) |
| Filing 10 NOTICE of Document in Support of 42 USC 1983 Action, filed by Plaintiff Kevin Almy. (KR) |
| Filing 9 NOTICE of document in Support of 42 U.S.C. 1983 Action and Injunctive Relief, by Kevin Almy. (KW) |
| Filing 8 Plaintiff's Writ of Errata and MOTION to Strike, by Plaintiff Kevin Almy. (KR) |
| Filing 7 MOTION to Have All Pleadings in this Case Filed Under Seal and that the Court Issue a Gag Order Against All Defendants, Attorneys, and Court Staff, by Plaintiff Kevin Almy. (KR) |
| Filing 6 First Amended MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff Kevin Almy. (KR) |
| Filing 5 Emergency MOTION for Permanent Injunctive Relief, by Plaintiff Kevin Almy. (Image identical to ECF No. #4 Motion.) (KR) |
| Filing 4 Emergency MOTION for Preliminary Injunctive Relief, by Plaintiff Kevin Almy. (KR) |
| Filing 3 PROPOSED FIRST AMENDED COMPLAINT, filed by Plaintiff Kevin Almy. (No changes made to docket pending judicial review.) (Attachments: #1 Complaint Continued, #2 Civil Cover Sheet) (KR) |
| Filing 2 ADVISORY LETTER to litigant. ( For distribution to P via NNCC law library. ) (DRM) |
| Case assigned to District Judge Miranda M. Du and Magistrate Judge Valerie P. Cooke. (WJ) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Kevin Almy. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(DRM) Modified on 4/12/2017 to correct file date (DRM). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
