D'Agostino v. Aranas et al
| Frank S. D'Agostino |
| Brian Sandoval, Dr. Marks, Melissa Mitchell, Adam Laxalt, T. Wickham, Karen Gedney, John Scott, C. Lucas, James Dzurenda, Dr. Long, William Donnelly and Romeo Aranas |
| 3:2018cv00337 |
| July 13, 2018 |
| US District Court for the District of Nevada |
| Reno Office |
| Carla Baldwin Carry |
| Miranda M Du |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 36 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/7/2018. Plaintiff's motion for evidentiary hearing ECF No. #10 is DENIED. Plaintiff's motion for enlargement of time ECF No. #26 is GRANTED in part; Plaintiff to have to and including 09/17/2018 to file a reply to ECF No. #11 motion preliminary injunction and/or protective order. (Copies have been distributed pursuant to the NEF - KW) |
| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/7/2018. By Deputy Clerk: LGM. The motion hearing regarding plaintiff's motion for preliminary injunction and/or protective order (ECF No. #11 ) currently set for 9/13/2018 at 2:00 PM is VACATED and RESCHEDULED to 9/19/2018 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin Carry. The Attorney General's Office is directed to make the necessary arrangements for plaintiff's telephonic appearance and shall advise the deputy court clerk by no later than two (2) court days prior of the telephone number at which the plaintiff can be reached for this hearing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 34 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/6/2018. Plaintiff's motion for clarification ECF No. #12 is GRANTED (see Order for information). AG shall ascertain whether defendant C. Lucas/Candice Brockway is the same person and file a supplemental notice of acceptance or denial of service on or before 9/21/2018. (Copies have been distributed pursuant to the NEF - KW) |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/6/2018. Plaintiff's motion for appointment of counsel ECF No. #9 is DENIED. (Copies have been distributed pursuant to the NEF - KW) (Main Document 33 replaced on 9/6/2018) (KW). |
| Filing 32 SUMMONS ISSUED as to Romeo Aranas, William Donnelly, Karen Gedney, Dr. Marks, John Scott re ECF No. #4 Complaint (Issued per ECF No. #31 Order). (Attachments: #1 Summons Donnelly, #2 Summons Gedney, #3 Summons Marks, #4 Summons Scott) (KW) |
| Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/6/2018. Clerk to ISSUE summons for Dr. Karen Gedney, Dr. Romeo Aranas, William Donnelly, Dr. Dana Marks, and John Scott and send together with the address provided under seal ECF No. 7 , a copy of the complaint ECF No. #4 , the screening order ECF No. #3 and this order to U.S. Marshal for service (distributed to U.S. Marshal on 9/6/2018); Clerk to SEND plaintiff sufficient (5) USM-285 forms (mailed to P on 9/6/2018); plaintiff shall have until 9/21/2018 in which to complete and return the USM-285 form to U.S. Marshal, 400 South Virginia Street, 2nd Floor, Reno, NV, 89501; if plaintiff fails to follow this order, Defendant Dr. Karen Gedney, Dr. Romeo Aranas, William Donnelly, Dr. Dana Marks, and John Scott, may be subject to dismissal for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m). (Copies have been distributed pursuant to the NEF - KW) |
| Filing 30 SUMMONS ISSUED as to Dr. Long re ECF No. #4 Complaint (Issued per ECF No. #29 Order). (KW) |
| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/6/2018. Plaintiff's motion for service of summons ECF No. #13 is GRANTED. Clerk to ISSUE summons for Dr. Long and send same with a copy of the complaint ECF No. #4 , the screening order ECF No. #3 and this order to U.S. Marshal for service (distributed to U.S. Marshal on 9/6/2018); Clerk to SEND plaintiff (1) USM-285 forms (mailed to P on 9/6/2018); plaintiff shall have until 9/21/2018 in which to complete and return the USM-285 form to U.S. Marshal, 400 South Virginia Street, 2nd Floor, Reno, NV, 89501; if plaintiff fails to follow this order, Defendant Dr. Long, may be subject to dismissal for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m). (Copies have been distributed pursuant to the NEF - KW) (Main Document 29 replaced on 9/6/2018) (KW). |
Filing 28
ORDER that Defendants' Motion to Seal ECF No. #17 is GRANTED. Signed by Magistrate Judge Carla Baldwin Carry on 9/5/2018.(Copies have been distributed pursuant to the NEF - KW)
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| Filing 27 REPLY to ECF No. #24 Response re ECF No. #14 Judicial Notice, by Plaintiff Frank S. D'Agostino. (DRM) |
| Filing 26 MOTION to Extend Time (First Request) to File Reply to ECF No. #16 Response re ECF No. #11 Motion for Preliminary Injunction, by Plaintiff Frank S. D'Agostino. (DRM) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Carla Baldwin Carry on 9/4/2018. By Deputy Clerk: LGM. A motion hearing regarding plaintiff's motion for preliminary injunction and/or protective order (ECF No. #11 ) is set for 9/13/2018 at 02:00 PM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin Carry. The Attorney General's Office shall make the necessary arrangements for plaintiff's telephonic appearance and shall advise the deputy court clerk by no later than two (2) court days prior of the telephone number at which the plaintiff can be reached for this hearing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - LGM) |
| Filing 24 RESPONSE to #14 Notice (Other) by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. (Carr, Ian) |
| Filing 23 RESPONSE to #12 Motion by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. Replies due by 9/6/2018. (Carr, Ian) |
| Filing 22 RESPONSE to #9 Motion for Appointment of Counsel by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. Replies due by 9/6/2018. (Carr, Ian) |
| Filing 21 NON-OPPOSITION to #13 Motion by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. (Carr, Ian) |
| Filing 20 RESPONSE to #10 Motion by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. Replies due by 9/6/2018. (Carr, Ian) |
| Filing 19 NOTICE Defendants' Notice of Under Seal Submission of Medical Records by James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. (Carr, Ian) |
| Filing 17 MOTION for Leave to File Motion for Leave to File Confidential Documents Under Seal in Support of Defendants' Response to Plaintiff's Motion for Preliminary Injunction by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. (Carr, Ian) |
| Filing 16 RESPONSE to #11 Motion for Preliminary Injunction by Defendants James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. Replies due by 9/6/2018. (Attachments: #1 Exhibit A, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G) (Carr, Ian) |
| Filing 15 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 proceedings. All further documents must bear the correct case number 3:18-cv-00337-MMD-CBC. (no image attached) (KW) |
| Filing 14 JUDICIAL NOTICE, filed by Frank S. D'Agostino. (KW) |
| Filing 13 MOTION for Issuance of Summons for Defendant Long, filed by Plaintiff Frank S. D'Agostino. Responses due by 8/30/2018. (KW) |
| Filing 12 MOTION for Clarification re ECF No. #5 Notice of Appearance, filed by Plaintiff Frank S. D'Agostino. Responses due by 8/30/2018. (KW) |
| Filing 11 MOTION for Preliminary Injunction and/or Protective Order, filed by Plaintiff Frank S. D'Agostino. Responses due by 8/30/2018. (KW) |
| Filing 10 MOTION for Evidentiary Hearing, filed by Plaintiff Frank S. D'Agostino. Responses due by 8/30/2018. (KW) |
| Filing 9 MOTION for Appointment of Counsel, filed by Plaintiff Frank S. D'Agostino. (KW) |
| Filing 8 NOTICE of Under Seal Submission of Last Known Addresses by James Dzurenda, Adam Laxalt, Melissa Mitchell, Brian Sandoval, T. Wickham. (Carr, Ian) |
| Filing 6 ACCEPTANCE OF SERVICE by Melissa Mitchell, Adam Laxalt, Brian Sandoval, T. Wickham, James Dzurenda on 8/15/2018 executed by Melissa Mitchell, Adam Laxalt, Brian Sandoval, T. Wickham, James Dzurenda. Notice of Acceptance of Service (Carr, Ian) |
| Filing 5 NOTICE of Appearance by attorney Ian E Carr on behalf of Defendant James Dzurenda. Limited Notice of Appearance (Carr, Ian) |
| Filing 4 COMPLAINT against All Defendants by Frank S. D'Agostino. Filed per ECF No. #3 Screening Order. (LH) |
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Filing 3
SCREENING ORDER - Clerk directed to file the Complaint (ECF No. #1 -1) and send Plaintiff a courtesy copy (attached hereto for distribution to P); some claims permitted to proceed and some claims dismissed with prejudice; Plaintiff's IFP application (ECF No. #1 ) is granted; NDOC to pay Clerk from inmate account; Clerk directed to send a copy of this order to Finance and NDOC Chief of Inmate Services (E-service to Finance and mailed to NDOC Chief on 7/23/2018 ); Clerk directed to e-serve NV AG with a copy of this order and a copy of ECF No. #1 -1 Complaint (E-service and NEF regenerated on 7/23/2018); service must be perfected by 10/21/2018; AG to advise Court by 8/13/2018 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 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 Judge Miranda M. Du on 7/23/2018. (Attachments: #1 Original Complaint 1-1)(Copies have been distributed pursuant to the NEF - LH)
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| Case assigned to Judge Miranda M. Du and Magistrate Judge Valerie P. Cooke. (BLG) |
| Filing 2 ADVISORY LETTER to litigant. (LH) |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Frank S. D'Agostino. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(LH) |
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