Floyd v. Daniels et al
| Zane M. Floyd |
| Linda Fox, Execution Team Members NDOC, David Drummond, Ihsan Azzam, Michael Minev, M.D., Dr. David Green, Charles Daniels, William Reubart, Harold Wickham and Warden William Gittere |
| Las Vegas Review-Journal, Inc. |
| 3:2021cv00176 |
| April 16, 2021 |
| US District Court for the District of Nevada |
| Carla Baldwin |
| Richard F Boulware |
| Miranda M Du |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 96 TRANSCRIPT of Proceedings, 95 Terminate Deadlines/Hearings, Status Conference, held on 6/10/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 7/4/2021. Redacted Transcript Deadline is set for 7/14/2021. Release of the Transcript Restriction is set for 9/11/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 95 MINUTES OF PROCEEDINGS - Status Conference held on 6/10/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD, Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G.; Crane Pomerantz, Esq.; Interested Prty: Margaret A. McLetchie, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 1:13 PM - 2:23 PM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at this proceeding and all counsel is present. The Court makes preliminary statements and hears representation from counsel.For reasons stated on the record, IT IS ORDERED that Plaintiff shall file a supplement to the motion to stay by June 18, 2021. Defendants shall file a response by June 24, 2021 and Plaintiff shall reply by June 25, 2021. Plaintiff shall also file an amended complaint by June 24, 2021.IT IS FURTHER ORDERED that Defendants file the unredacted version of the protocol, under seal, and file the redacted finalized version of the protocol by June 11, 2021.IT IS FURTHER ORDERED that the Interested Party shall file a motion to disclose by June 21, 2021 and Defendants shall respond by June 24, 2021.IT IS FURTHER ORDERED that Defendants update the privilege log by June 14, 2021 and provide the new documents in camera to this Court. IT IS FURTHER ORDERED that parties meet and confer and file proposed discovery schedule by June 23, 2021.IT IS FURTHER ORDERED that the next hearing shall be set for June 25, 2021 at 1 4:30 PM by videoconference before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 93 NOTICE of Filing by Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. (Attachments: #1 Exhibit Exhibit A) (Gilmer, D.) |
| Filing 92 NOTICE of Proposed Schedule by Zane M. Floyd. (Levenson, Brad) |
| Filing 91 TRANSCRIPT of Proceedings, 89 Status Conference, held on 6/3/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 6/27/2021. Redacted Transcript Deadline is set for 7/7/2021. Release of the Transcript Restriction is set for 9/4/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 90 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/4/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that an Hearing is set for June 10, 2021 at 1:00 PM in LV Courtroom 7C as to the parties; by videoconference as to Plaintiff Zane Floyd Only, before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public who would like to listen to the proceedings may dial: 1 669 254 5252 or 1 669 216 1590, enter meeting id: 161 358 7519; passcode: 844094. The use of a cellular phone to call into the proceedings is prohibited.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 89 MINUTES OF PROCEEDINGS - Status Conference held on 6/3/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD, Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G., Crane Pomerantz, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 11:04 AM - 11:29 AM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at this proceeding and all counsel is present. The Court makes preliminary statements and hears representation from counsel. For reasons stated on the record, IT IS ORDERED that [ECF No. #84 ] is GRANTED. IT IS FURTHER ORDERED that Defendants shall provide Plaintiff with finalized protocol or portions that have been finalized prior to the next hearing on June 10, 2021 at 1:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that parties shall meet and confer regarding the schedule in this case prior to the next hearing. IT IS FURTHER ORDERED that Defendants file any updates to the privilege logs prior to the next hearing. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
Filing 88
ORDER TO PRODUCE ZANE M. FLOYD, #66514 - The Warden of Ely State Prison, or his designee, shall arrange for and produce ZANE M. FLOYD, #66514, on or about Thursday, June 10, 2021, at the hour of 1:00 p.m., for a videoconference hearing by zoomgov technology in the instant matter, and arrange for his appearance on said date as ordered and directed by the Court entitled above, until ZANE M. FLOYD, #66514, is released and discharged by the Court. Signed by Judge Richard F. Boulware, II on 6/3/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 87
PROTECTIVE ORDER. The Stipulated Protective Order and Confidentiality Agreement (ECF No. #84 ) is granted. Signed by Judge Richard F. Boulware, II on 6/3/2021. (Copies have been distributed pursuant to the NEF - AB)
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| Filing 86 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/2/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that an Hearing is set for June 3, 2021 at 11:00 AM in LV Courtroom 7C as to the parties; by videoconference as to Plaintiff Zane Floyd Only, before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public who would like to listen to the proceedings may dial: 1 669 254 5252 or 1 669 216 1590 enter meeting id: 160 976 3887; passcode: 175415. The use of a cellular phone to call into the proceedings is prohibited.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 85 NOTICE of Change of Address by Margaret A McLetchie. Notice of Change of Firm Address (McLetchie, Margaret) |
| Filing 84 STIPULATED PROTECTIVE ORDER AND CONFIDENTIALITY AGREEMENT by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. (Gilmer, D.) |
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Filing 83
ORDER - ECF No. #70 IFP application is granted. NDOC shall pay clerk from Inmate account until the full $350.00 filing fee has been paid. Clerk shall send copy this order to Finance and to NDOC Inmate Services. (Email (NEF) to Finance; mailed to NDOC on 5/27/2021.) Signed by Judge Richard F. Boulware, II on 5/27/2021. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 82 MOTION to Unseal by Las Vegas Review-Journal, Inc. (Filed and DENIED without prejudice per ECF No. 80 Order). (AB) |
| Filing 81 TRANSCRIPT of Proceedings, 80 Order on Motion to Intervene, Motion Hearing, Terminate Deadlines/Hearings held on 05/20/2021, before Judge Richard F. Boulware, II. Court Reporter/Transcriber: Samantha McNett, SNM@nvd.uscourts.gov. Recording start and end times: 2:45 p.m. - 4:22 p.m.. Any Redaction Request is due by 6/13/2021. Redacted Transcript Deadline is set for 6/23/2021. Release of the Transcript Restriction is set for 8/21/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (SNM) |
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Filing 79
ORDER TO PRODUCE ZANE M. FLOYD, #66514. The Warden of Ely State Prison, or his designee, shall arrange for and produce ZANE M. FLOYD, #66514, on or about Thursday, June 3, 2021, at the hour of 11:00 a.m., for a videoconference hearing by zoomgov technology in the instant matter, and arrange for his appearance on said date as ordered and directed by the Court entitled above, until ZANE M. FLOYD, #66514, is released and discharged by the said Court; and that ZANE M.FLOYD, #66514, shall thereafter be returned to the custody of the Warden, Ely State Prison, Ely, Nevada, under safe and secure conduct. Signed by Judge Richard F. Boulware, II on 5/21/2021. (Electronic distribution to USM on 5/21/2021; mailed via USPS to ESP Warden on 5/21/2021) (Copies have been distributed pursuant to the NEF - AB) (Main Document 79 replaced on 5/21/2021) (BEL).
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| Filing 80 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/20/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD, Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G.; Crane Pomerantz, Esq.; Interested Prty: Margaret A. McLetchie, Esq.;; Court Reporter: Samantha McNutt; Time of Hearing: 2:21 PM - 4:22 PM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at this proceeding and all counsel is present. The Court makes preliminary statements and hears representation from counsel and counsel from the Interested Party, Las Vegas Review-Journal.For reasons stated on the record, IT IS ORDERED that [ECF No. 55] Interested Partys Motion to Intervene is GRANTED. The Clerk of Court is instructed to file the attached Motion to Unseal, at ECF [55.2]. This Motion to Unseal is DENIED without prejudice.IT IS FURTHER ORDERED that each Friday, parties shall update each other about any privilege log developments.IT IS FURTHER ORDERED that any proposed Protective Order shall be filed by Tuesday, May 25, 2021. IT IS FURTHER ORDERED that the filing of an Amended Complaint and Answer shall be stayed until the protocol is finalized.IT IS FURTHER ORDERED that the Court will have a Status Conference hearing on Thursday, June 3, 2021 at 11 a.m. in LV Courtroom 7C, with plaintiff Floyd appearing by videoconference.The transcript of the hearing shall serve as the written Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 78 NOTICE of Proposed Protective Order by Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. (Attachments: #1 Index of Exhibits, #2 Exhibit A) (Gilmer, D.) |
| Filing 77 REPLY to Response to #55 Motion to Intervene, by Interested Party Las Vegas Review-Journal, Inc.. (McLetchie, Margaret) |
| Filing 76 NOTICE of Letter filed with this Court regarding any discovery disputes by Zane M. Floyd. (Levenson, Brad) |
| Filing 75 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/19/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that an Hearing is set for May 20, 2021 at 2:30 PM in LV Courtroom 7C as to the parties; by videoconference as to Plaintiff Zane Floyd Only, before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public who would like to listen to the proceedings may dial: 1 669 254 5252 or 1 669 216 1590 enter meeting id: 161 603 5597; passcode: 044706. The use of a cellular phone to call into the proceedings is prohibited.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 74 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/19/2021. IT IS HEREBY ORDERED that the hearing scheduled for May 20, 2021 at 2:30 PM in LV Courtroom 7C will be conducted in-person. The Court is closely following and reinforcing the guidelines from the CDC and other relevant health authorities and is taking precautionary measures to limit the potential spread of the COVID-19 virus. For example: -All visitors to the courthouse will be required to maintain a social distance of at least six feet and either wash their hands or use hand sanitizer before entering the courtroom. =Inside the courtrooms, chairs, tables, and microphones that have been utilized will be cleaned after each hearing. Counsel and other attendees are encouraged to bring disinfectant wipes to clean the surface areas utilized to their own comfort level as well. -Hearing attendees are encouraged to bring and wear personal protective equipment including face masks, gloves, or other protective coverings. -Documents that will be referenced or utilized during a hearing must be emailed to the Courtroom Deputy and any other necessary recipient (e.g., opposing counsel, defendant) at least 24 hours before the hearing. -Any necessary signed documents must be filed at least one day before the scheduled hearing as required by General Order 2020-05. If you do not feel well, contact the Courtroom Deputy immediately to reschedule this hearing or make arrangements to attend it remotely. DO NOT COME TO THE COURTHOUSE IF YOU ARE EXPERIENCING FLU-LIKE SYMPTOMS such as a cough, fever, or shortness of breath, or if you have been in contact with anyone who has been recently diagnosed with a COVID-19 infection. Refer to Temporary General Order 2020-02 for additional courthouse-access policies and procedures. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 73 JOINDER to #55 Motion to Intervene, #72 Response, by Defendant Ihsan Azzam. (Pomerantz, Crane) |
| Filing 72 RESPONSE to #55 Motion to Intervene, by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. Replies due by 5/24/2021. (Attachments: #1 Exhibit Exhibit A) (Gilmer, D.) |
| Filing 71 RESPONSE to #67 Notice (Other) by Plaintiff Zane M. Floyd.. (Levenson, Brad) |
| Filing 70 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Zane M. Floyd. (Levenson, Brad) |
| Filing 68 NOTICE of NDOC Defendants' Under Seal Filing of Privilege Log and In Camera Submission of Documents by Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Gilmer, D.) |
| Filing 67 NOTICE of Supplemental Authority as it relates to #5 MOTION for Temporary Restraining, #6 MOTION for Preliminary Injunction, #7 MOTION for Disclosure of Method of Execution, #10 MOTION for Stay of Execution and #37 MOTION For Protective Order, by Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. (Gilmer, D.) Modified on 5/26/2021 added link to Nos 5, 6, 7, 10 and 37 (LE). |
| Filing 66 SUPPLEMENT to #64 Notice (Other) Supplement to Defendant Ihsan Azzams Notice of Filing of Privilege Log by Defendant Ihsan Azzam (Ahmed, Nadia) |
| Filing 64 NOTICE Notice of Filing of Privilege Log by Ihsan Azzam. (Ahmed, Nadia) |
| Filing 63 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/10/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD, Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G.; Nadia Ahmed, Esq., Crane Pomerantz, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 11:15 AM - 12:08 PM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at this proceeding and all counsel is present. The Court makes preliminary statements and hears representation from counsel. For reasons stated on the record, IT IS ORDERED that parties shall respond to #55 Motion to Intervene and Motion to Unseal by May 17, 2021, and Interested Party Las Vegas Review-Journal, Inc. may file a reply by May 19, 2021. IT IS FURTHER ORDERED that Defendants shall file privilege logs under seal and provide the documents to the Court in camera by May 14, 2021. IT IS FURTHER ORDERED that parties shall have a hearing on May 20, 2021 at 2:30 PM in LV Courtroom 7C, with plaintiff Floyd appearing by videoconference. The parties must meet and confer about a potential discovery schedule prior to the hearing and file a letter with this Court by May 19, 2021 regarding any disputes. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 62
ORDER TO PRODUCE ZANE M. FLOYD, #66514 - Videoconference Hearing set for Thursday, 5/20/2021 at 2:30 PM before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 5/10/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 5/11/2021 for spelling (DRM).
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| Filing 61 TRANSCRIPT of Proceedings, Status Conference, held on 5/10/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 5/31/2021. Redacted Transcript Deadline is set for 6/10/2021. Release of the Transcript Restriction is set for 8/8/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 58 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/8/2021. IT IS HEREBY ORDERED that the Hearing scheduled for May 10, 2021 at 11:00 AM in LV Courtroom 7C will be conducted in-person. The Court is closely following and reinforcing the guidelines from the CDC and other relevant health authorities and is taking precautionary measures to limit the potential spread of the COVID-19 virus. For example: -All visitors to the courthouse will be required to maintain a social distance of at least six feet and either wash their hands or use hand sanitizer before entering the courtroom. -Inside the courtrooms, chairs, tables, and microphones that have been utilized will be cleaned after each hearing. Counsel an d other attendees are encouraged to bring disinfectant wipes to clean the surface areas utilized to their own comfort level as well. -Hearing attendees are encouraged to bring and wear personal protective equipment including face masks, gloves, o r other protective coverings. -Documents that will be referenced or utilized during a hearing must be emailed to the Courtroom Deputy and any other necessary recipient (e.g., opposing counsel, defendant) at least 24 hours before the hearing. -Any necessary signed documents must be filed at least one day before the scheduled hearing as required by General Order 2020-05. If you do not feel well, contact the Courtroom Deputy immediately to reschedule this hearing or make arrangements to attend it remotely. DO NOT COME TO THE COURTHOUSE IF YOU ARE EXPERIENCING FLU-LIKE SYMPTOMS such as a cough, fever, or shortness of breath, or if you have been in contact with anyone who has been recently diagnosed with a COVID-19 infection. Refer t o Temporary General Order 2020-02 for additional courthouse-access policies and procedures.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 57 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/8/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that an Hearing is set for May 10, 2021 at 11:00 AM in LV Courtroom 7C and by videoconference as to Plaintiff Zane Floyd Only, before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 56 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 5/8/2021. In light of #54 Notice of Correspondence Regarding Unopposed Request for Additional Time to Produce Privilege Log, IT IS ORDERED that Defendants have until May 11, 2021 to file a privilege log with documents submitted in camera. (Copies have been distributed pursuant to the NEF - CVL) |
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Filing 60
ORDER granting ECF No. #53 Motion to Extend Time. Petitioner will have until and including June 10, 2021, to file an application to proceed in forma pauperis and supporting documents. Signed by Judge Richard F. Boulware, II on 5/7/2021. (Copies have been distributed pursuant to the NEF - AB)
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| Filing 55 Emergency MOTION to Intervene Las Vegas Review-Journal, Inc.'s Emergency Motion to Intervene (Emergency Treatment Sought Pursuant to LR 7-4) by Interested Party Las Vegas Review-Journal, Inc.. Responses due by 5/21/2021. (Attachments: #1 Declaration Declaration of Margaret A. McLetchie in Support of Las Vegas Review-Journal's Emergency Motion to Intervene, #2 Exhibit Exhibit A - Proposed Motion to Unseal) (McLetchie, Margaret) |
| Filing 54 NOTICE of Correspondence Regarding Unopposed Request for Additional Time to Produce Privilege Log by Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. (Gilmer, D.) |
| Filing 53 Unopposed MOTION to Extend Time (First Request) re #12 Order on Motion/Application to Proceed in forma pauperis by Plaintiff Zane M. Floyd. (Levenson, Brad) Modified event on 5/7/2021 (LE). |
| Filing 52 EXHIBIT to #51 Reply by Plaintiff Zane M. Floyd. (Attachments: #1 Exhibit 20) (Anthony, David) |
| Filing 51 REPLY to Response to #5 Motion for TRO, #6 Motion for Preliminary Injunction by Plaintiff Zane M. Floyd. (Anthony, David) |
| Filing 59 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/6/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD; Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G, Nadia Amhed, Crane Pomerantz; Court Reporter: Patty Ganci; Time of Hearing: 10:26 AM - 1:10 PM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at proceedings; All counsel is present. Warden Daniels and Dr. Ihsan Azzam are present with counsel. The Court makes preliminary statements and hears representations from counsel regarding the deliberative process privilege. For the reasons stated at the hearing,IT IS ORDERED that Defense counsel shall file a privilege log under seal for in camera review by Sunday, May 9, 2021 by 5:00 PM. No witnesses will be testimony will be heard at this hearing. The Court to inform counsel if the ruling as to the Motion to Stay Execution shall be filed prior to the next hearing date.IT IS FURTHER that a hearing regarding the privilege log submissions is set for May 10, 2021 at 11:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 50
ORDER TO PRODUCE ZANE M. FLOYD, #66514 - The Warden of Ely State Prison, or his designee, shall arrange for and produce ZANE M. FLOYD, #66514, on or about Monday, May 10, 2021, at the hour of 11:00 a.m., for a videoconference hearing by zoomgov technology in the instant matter, and arrange for his appearance on said date as ordered and directed by the Court entitled above, until ZANE M. FLOYD, #66514, is released and discharged by the said Court; and that ZANE M. FLOYD, #66514, shall thereafter be returned to the custody of the Warden, Ely State Prison, Ely, Nevada, under safe and secure conduct. Signed by Judge Richard F. Boulware, II on 5/6/2021. (Electronic distribution to USM and mailed to ESP Warden on 5/7/2021) (Copies have been distributed pursuant to the NEF - AB)
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| Filing 49 TRANSCRIPT of Proceedings, Evidentiary Hearing, held on 5/6/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 5/27/2021. Redacted Transcript Deadline is set for 6/6/2021. Release of the Transcript Restriction is set for 8/4/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/6/2021. IT IS ORDERED that #41 Motion to Withdraw as Attorney is Granted; Attorney Julie Slabaugh is withdrawn from the case. IT IS FURTHER ORDERED that #47 Motion to Substitute Attorney is Granted. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 47 MOTION to Substitute Attorney Nadia Ahmed in for Attorney Julie Slabaugh by Defendant Ihsan Azzam. (Ahmed, Nadia) |
| Filing 46 EXHIBIT LIST TO NOTICE OF OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER (ECF NO. 37) by Plaintiff Zane M. Floyd.. (Attachments: #1 Exhibit 19)(Levenson, Brad) |
| Filing 45 NOTICE OF OPPOSITION TO DEFENDANTS MOTION FOR PROTECTIVE ORDER (ECF NO. 37) by Zane M. Floyd. (Levenson, Brad) |
| Filing 44 RESPONSE to #41 Motion to Withdraw as Attorney by Plaintiff Zane M. Floyd. Replies due by 5/12/2021. (Levenson, Brad) |
| Filing 43 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/5/2021. IT IS HEREBY ORDERED that the Evidentiary Hearing scheduled for May 6, 2021 at 10:30 AM in LV Courtroom 7C will be conducted in-person. The Court is closely following and reinforcing the guidelines from the CDC and other relevant health authorities and is taking precautionary measures to limit the potential spread of the COVID-19 virus. For example: -All visitors to the courthouse will be required to maintain a social distance of at least six feet and either wash their hands or use hand sanitizer before entering the courtroom. -Inside the courtrooms, chairs, tables, and microphones that have been utilized will be cleaned after each hearing. Counsel an d other attendees are encouraged to bring disinfectant wipes to clean the surface areas utilized to their own comfort level as well. -Hearing attendees are encouraged to bring and wear personal protective equipment including face masks, gloves, o r other protective coverings. -Documents that will be referenced or utilized during a hearing must be emailed to the Courtroom Deputy and any other necessary recipient (e.g., opposing counsel, defendant) at least 24 hours before the hearing. -Any necessary signed documents must be filed at least one day before the scheduled hearing as required by General Order 2020-05. If you do not feel well, contact the Courtroom Deputy immediately to reschedule this hearing or make arrangements to attend it remotely. DO NOT COME TO THE COURTHOUSE IF YOU ARE EXPERIENCING FLU-LIKE SYMPTOMS such as a cough, fever, or shortness of breath, or if you have been in contact with anyone who has been recently diagnosed with a COVID-19 infection. Refer t o Temporary General Order 2020-02 for additional courthouse-access policies and procedures.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 42 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/5/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that an Evidentiary Hearing is set for May 6, 2021 at 10:30 AM in LV Courtroom 7C, by videoconference as to Plaintiff Zane Floyd Only, before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 41 MOTION to Withdraw as Attorney by Julie A. Slabaugh for Defendant Ihsan Azzam. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Slabaugh, Julie) |
| Filing 40 TRANSCRIPT of Proceedings, 35 Motion Hearing, held on 5/3/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 5/25/2021. Redacted Transcript Deadline is set for 6/4/2021. Release of the Transcript Restriction is set for 8/2/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 39 TRANSCRIPT of Proceedings, 21 Status Conference, held on 4/30/2021, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 5/25/2021. Redacted Transcript Deadline is set for 6/4/2021. Release of the Transcript Restriction is set for 8/2/2021. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 38 JOINDER to #37 Motion by Defendant Ihsan Azzam. (Slabaugh, Julie) |
| Filing 37 MOTION For Protective Order by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. Responses due by 5/18/2021. (Gilmer, D.) |
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Filing 36
ORDER. IT IS HEREBY ORDERED that the Warden of Ely State Prison, or his designee, shall arrange for and produce ZANE M. FLOYD, #66514, on or about Thursday, May 6, 2021, at the hour of 10:30 a.m., for a videoconference evidentiary hearing by zoomgov technology. Signed by Judge Richard F. Boulware, II on 5/3/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 35 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/3/2021 before The Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD, Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G., Julie Slabaugh, Chief Deputy A.G.; Court Reporter: Patty Ganci; Time of Hearing: 9:45 AM - 10:45 AM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at proceedings along with counsel. The Court makes preliminary statements and hears representations from the parties. For reasons stated on the record, IT IS ORDERED that this Court will have an evidentiary hearing with Defendants Director Charles Daniels and Dr. Ihsan Azzam on May 6, 2021 at *10:30 AM in LV Courtroom 7C (by videoconference for Defendant Floyd), in LV Courtroom 7C before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that Defendants may file a protective order regarding questions permitted at the evidentiary hearing by May 4, 2021 at close of business, with the Plaintiff's response due May 5, 2021 b the close of business. IT IS FURTHER ORDERED that parties must meet and confer prior to filing the protective order. *Time changed by Court to accommodate ESP videoconference schedule. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 34 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 5/2/2021. IT IS HEREBY ORDERED that the motion hearing scheduled for May 3, 2021 at 9:00 AM in LV Courtroom 7C will be conducted in-person. The Court is closely following and reinforcing the guidelines from the CDC and other relevant health authorities and is taking precautionary measures to limit the potential spread of the COVID-19 virus. For example: -All visitors to the courthouse will be required to maintain a social distance of at least six feet and either wash their hands or use hand sanitizer before entering the courtroom. -Inside the courtrooms, chairs, tables, and microphones that have been utilized will be cleaned after each hearing. Counsel and other attendees are encouraged to bring disinfectant wipes to clean the surface areas utilized to their own comfort level as well. -Hearing attendees are encouraged to bring and wear personal protective equipment including face masks, gloves, or other protective coverings. -Documents that will be referenced or utilized during a hearing must be emailed to the Courtroom Deputy and any other necessary recipient (e.g., opposing counsel, defendant) at least 24 hours before the hearing. -Any necessary signed documents must be filed at least one day before the scheduled hearing as required by General Order 2020-05. If you do not feel well, contact the Courtroom Deputy immediately to reschedule this hearing or make arrangements to attend it remotely. DO NOT COME TO THE COURTHOUSE IF YOU ARE EXPERIENCING FLU-LIKE SYMPTOMS such as a cough, fever, or shortness of breath, or if you have been in contact with anyone who has been recently diagnosed with a COVID-19 infection. Refer to Temporary General Order 2020-02 for additional courthouse-access policies and procedures. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Corrected time on 5/2/2021 (BEL). |
| Filing 33 NOTICE OF RULE 26(F) CONFERENCE REPORT by Zane M. Floyd. (Levenson, Brad) |
| Filing 32 REPLY to Response to #7 Motion by Plaintiff Zane M. Floyd. (Levenson, Brad) |
| Filing 31 EXHIBIT to #30 Reply by Plaintiff Zane M. Floyd. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18) (Levenson, Brad) |
| Filing 30 REPLY to Response to #10 Motion by Plaintiff Zane M. Floyd. (Levenson, Brad) |
| Filing 29 JOINDER to #25 Response by Defendant Ihsan Azzam. (Slabaugh, Julie) |
| Filing 28 JOINDER to #24 Response by Defendant Ihsan Azzam. (Slabaugh, Julie) |
| Filing 27 RESPONSE to #6 Motion for Preliminary Injunction by Defendant Ihsan Azzam. Replies due by 5/7/2021. (Slabaugh, Julie) |
| Filing 26 RESPONSE to #5 Motion for TRO by Defendant Ihsan Azzam. Replies due by 5/7/2021. (Slabaugh, Julie) |
| Filing 25 RESPONSE to #10 Motion by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. Replies due by 5/7/2021. (Gilmer, D.) |
| Filing 24 RESPONSE to #7 Motion by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. Replies due by 5/7/2021. (Gilmer, D.) |
| Filing 23 RESPONSE to #6 Motion for Preliminary Injunction by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. Replies due by 5/7/2021. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J) (Gilmer, D.) |
| Filing 22 RESPONSE to #5 Motion for TRO by Defendants Charles Daniels, David Drummond, Linda Fox, William Gittere, David Green, Michael Minev, MD, William Reubart, Harold Wickham. Replies due by 5/7/2021. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J) (Gilmer, D.) |
| Filing 21 MINUTES OF PROCEEDINGS - Status Conference held on 4/30/2021 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: David Anthony, AFPD, Brad Levenson, AFPD; Def Counsel: D. Randall Gilmer, Chief Deputy A.G., Julie Slabaugh, Chief, Deputy A.G.; Court Reporter: Patty Ganci; Time of Hearing: 9:05 AM - 9:38 AM; Courtroom: 7C; Plaintiff is present in custody appearing by videoconference at proceedings along with counsel. The Court makes preliminary statements and hears representations from the parties regarding the discovery and hearing schedule. For reasons stated on the record, IT IS ORDERED that parties submit a proposed joint discovery plan/scheduling order for this Courts consideration by the following hearing on May 3, 2021. IT IS FURTHER ORDERED that Defense counsel keep this Court apprised of any updates to the state case action. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 20 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/29/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that hearing regarding Plaintiff's #5 MOTION for Temporary Restraining Order, #6 MOTION for Preliminary Injunction, #7 MOTION for Disclosure of Method of Execution, and #10 MOTION for Stay of Execution is set for May 3, 2021 at 9:00 AM in LV Courtroom 7C, by videoconference as to Plaintiff Zane Floyd Only, before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified on 5/2/2021 (BEL). |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/29/2021. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that Status Conference Hearing regarding the discovery/hearing schedule is set for April 30, 2021 at 9:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court.(no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 18
ORDER TO PRODUCE ZANE M. FLOYD, #66514 - The Warden of Ely State Prison, or his designee, shall arrange for and produce ZANE M. FLOYD, #66514, on or about Monday, May 3, 2021, at the hour of 9:00 a.m., for a videoconference hearing by zoomgov technology in the instant matter. Signed by Judge Richard F. Boulware, II on 4/27/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 17
ORDER TO PRODUCE ZANE M. FLOYD, #66514 - The Warden of Ely State Prison, or his designee, shall arrange for and produce ZANE M. FLOYD, #66514, on or about Friday, April 30, 2021, at the hour of 9:00 a.m., for a videoconference hearing by zoomgov technology in the instant matter. Signed by Judge Richard F. Boulware, II on 4/27/2021. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 16 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/27/2021. Due to a conflict with the Court's calendar, IT IS ORDERED that the hearing regarding: #5 MOTION for Temporary Restraining Order, #6 MOTION for Preliminary Injunction, #7 MOTION for Disclosure of Method of Execution, and #10 MOTION for Stay of Execution set for May 3, 2021 is ADVANCED in time Only to 9:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. The Court to issue the instruction regarding Plaintiff's Floyd's videoconference and teleconference appearance. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 15 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 4/27/2021. IT IS ORDERED that a Status Conference hearing regarding the discovery/hearing schedule is set for Friday, April 30, 2021 at 9:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. The instruction regarding videoconference appearance to be issued. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 14 ACCEPTANCE OF SERVICE by David Drummond, Harold Wickham, David Green, Execution Team Members NDOC, Charles Daniels, Michael Minev, MD, William Gittere, Linda Fox, William Reubart on 4/27/2021 executed by David Drummond, Harold Wickham, David Green, Execution Team Members NDOC, Charles Daniels, Michael Minev, MD, William Gittere, Linda Fox, William Reubart. David Drummond accepted service on 4/27/2021, answer due 6/26/2021; Harold Wickham accepted service on 4/27/2021, answer due 6/26/2021; David Green accepted service on 4/27/2021, answer due 6/26/2021; Execution Team Members NDOC accepted service on 4/27/2021, answer due 6/26/2021; Charles Daniels accepted service on 4/27/2021, answer due 6/26/2021; Michael Minev, MD accepted service on 4/27/2021, answer due 6/26/2021; William Gittere accepted service on 4/27/2021, answer due 6/26/2021; Linda Fox accepted service on 4/27/2021, answer due 6/26/2021; William Reubart accepted service on 4/27/2021, answer due 6/26/2021. (Gilmer, D.) Modified on 4/27/2021 removed non-filer party. (LE) |
| Filing 13 ACCEPTANCE OF SERVICE by Ihsan Azzam on 4/27/2021 executed by Ihsan Azzam. Ihsan Azzam accepted service on 4/27/2021, answer due 6/26/2021. Notice of Acceptance of Service (Slabaugh, Julie) |
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Filing 12
ORDER denying without prejudice (ECF No #1 ) Motion/Application for Leave to Proceed in forma pauperis; SCREENING ORDER as incomplete. IT IS FURTHER ORDERED that on or before May 10, 2021 Plaintiff will file (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Court's approved form (i.e. pages 1 through 3 with the inmate's two signatures on page 3), (2) a Financial Certificate properly signed by both the inmate and a prison official (i.e. page 4 of this Court's approved form), and (3) a copy of the inmate's prison trust fund account statement for the previous six-month period. Alternatively, Plaintiff may choose not to file an application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before May 10, 2021 to proceed with this case.IT IS FURTHER ORDERED that the operative complaint is located at ECF No. #2 .IT IS FURTHER ORDERED that Claim 1, alleging Eighth Amendment method-of-execution violations, will proceed against Defendants Daniels, Wickham, Gittere, Reubart, Drummond, Dr. Azzam, Dr. Minev, Dr. Green, Fox, and John Does when Plaintiff learns their identities.IT IS FURTHER ORDERED that Claim 2, alleging Eighth Amendment deliberate indifference to serious medical needs, will proceed against Defendants Daniels, Wickham, Gittere, Reubart, Drummond, Dr. Azzam, Dr. Minev, Dr. Green, Fox, and John Does when Plaintiff learns their identities.IT IS FURTHER ORDERED that Claim 4, alleging First, Sixth and Fourteenth Amendment violations regarding access to counsel and the courts, will proceed against Defendants Daniels, Wickham, Gittere, Reubart, Drummond, Dr. Azzam, Dr. Minev, Dr. Green, Fox, and John Does when Plaintiff learns their identities.IT IS FURTHER ORDERED that the Fifth Amendment claim is dismissed.IT IS FURTHER ORDERED that the motion for temporary restraining order (ECF No. 5), motion for preliminary injunction (ECF No. #6 ), and motion for disclosure of method of execution (ECF No. #7 ) will be addressed in a separate order.IT IS FURTHER ORDERED that the Clerk of the Court shall electronically SERVE a copy of this order and a copy of Plaintiffs complaint (ECF No. #2 ) on the Office of the Attorney General of the State of Nevada, by adding the Attorney General of the State of Nevada to the docket sheet. This does not indicate acceptance of service.IT IS FURTHER ORDERED that service must be perfected within ninety (90) days from the date of this order pursuant to Fed. R. Civ. P. 4(m).IT IS FURTHER ORDERED that by April 30, 2021, the Attorney General's Office shall file a notice advising the Court and Plaintiff of: (a) the names of the defendants for whom it accepts service; (b) the names of the defendants for whom it does not accept service, and (c) the names of the defendants for whom it is filing the last-known-address information under seal. As to any of the named defendants for whom the Attorney General's Office cannot accept service, the Office shall file, under seal, but shall not serve the inmate Plaintiff the last known address(es) of those defendant(s) for whom it has such information. If the last known address of the defendant(s) is a post office box, the Attorney General's Office shall attempt to obtain and provide the last known physical address(es).IT IS FURTHER ORDERED that, if service cannot be accepted for any of the named defendant(s), Plaintiff shall file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defendant(s). For the defendant(s) as to which the Attorney General has not provided last-known-address information, Plaintiff shall provide the full name and address for the defendant(s).IT IS FURTHER ORDERED that if the Attorney General accepts service of process for any named defendant(s), such defendant(s) shall file and serve an answer or other response to the complaint by May 7, 2021.IT IS FURTHER ORDERED that Plaintiff shall serve upon defendant(s) or, if an appearance has been entered by counsel, upon their attorney(s), a copy of every pleading, motion or other document submitted for consideration by the Court. If Plaintiff electronically files a document with the Court's electronic-filing system, no certificate of service is required. Fed. R. Civ. P. 5(d)(1)(B); Nev. Loc. R. IC 4-1(b); Nev. Loc. R. 5-1. However, if Plaintiff mails the document to the Court, Plaintiff shall include with the original document submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the defendants or counsel for the defendants. If counsel has entered a notice of appearance, Plaintiff shall direct service to the individual attorney named in the notice of appearance, at the physical or electronic address stated therein. The Court may disregard any document received by a district judge or magistrate judge which has not been filed with the Clerk, and any document received by a district judge, magistrate judge, or the Clerk which fails to include a certificate showing proper service when required.IT IS FURTHER ORDERED that Defendants responses to the Motion for Preliminary Injunction (ECF No. #6 ), the Motion for Temporary Restraining Order (ECF No. #5 ), the Motion for Disclosure of Method of Execution (ECF No. #7 ) and Motion for Stay of Execution (ECF No. #10 ) are all due by May 2, 2021.IT IS FURTHER ORDERED that a status conference and hearing on the motions is set for 11:30 a.m. on May 3, 2021. The details of this conference will be sent separately by the Courts deputy. Signed by Judge Richard F. Boulware, II on 4/24/2021. (copy of complaint sent to P)(Copies have been distributed pursuant to the NEF - BEL)
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| Filing 11 EXHIBIT to #10 Motion by Plaintiff Zane M. Floyd. (Attachments: #1 Exhibit 13) (Levenson, Brad) |
| Filing 10 MOTION for Stay of Execution by Plaintiff Zane M. Floyd. Responses due by 5/5/2021. (Levenson, Brad) |
| Filing 9 NOTICE OF RELATED CASES 2:06-cv-00471 by Plaintiff Zane M. Floyd. (Anthony, David) |
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Filing 8
REASSIGNMENT ORDER - Case reassigned to District Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 3:21-cv-00176-RFB-CLB. Signed by Chief Judge Miranda M. Du, and Judge Richard F. Boulware, II, on 4/19/2021. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 7 MOTION for Disclosure of Method of Execution by Plaintiff Zane M. Floyd. Responses due by 4/30/2021. (Levenson, Brad) |
| Filing 6 MOTION for Preliminary Injunction by Plaintiff Zane M. Floyd. Responses due by 4/30/2021. (Levenson, Brad) |
| Filing 5 MOTION for Temporary Restraining Order by Plaintiff Zane M. Floyd. (Levenson, Brad) |
| Filing 4 EXHIBIT to #2 Floyd's Complaint for Injunctive and Declaratory Relief Due to Proposed Method of Execution Pursuant to 42 U.S.C. 1983 #1 Motion/Application for Leave to Proceed in forma pauperis by Plaintiff Zane M. Floyd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Levenson, Brad) Modified event and add link to #2 on 4/16/2021 (LE). |
| Filing 3 CIVIL COVER SHEET to #1 Motion/Application for Leave to Proceed in forma pauperis by Plaintiff Zane M. Floyd. (Levenson, Brad) |
| Filing 2 EXHIBIT Floyd's Complaint for Injunctive and Declaratory Relief Due to Proposed Method of Execution Pursuant to 42 U.S.C. 1983 to #1 Motion/Application for Leave to Proceed in forma pauperis by Plaintiff Zane M. Floyd. (Levenson, Brad) Modified event on 4/16/2021 (LE). |
| Filing 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Zane M. Floyd. (Levenson, Brad) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Carla Baldwin. ***Emergency motion previously filed in case.*** (WJ) |
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