Mustafanos v. Aberasturi et al
| Jeanine M. Ryder, Aaron Ford, Jason M. Frierson, Nathan Ure, James Robertson, Kevin Amick, Denis Richard McDonough, Mark Miley, Lloyd J. Austin, III, Raymond Scott Dingle, Constance C. Monda and Covenant Care LLC |
| Yosef Leroi Mustafanos |
| Leon Aberasturi, Mordechai S. Lavi, Nevada Health Care System and United States of America |
| 3:2023cv00161 |
| April 17, 2023 |
| US District Court for the District of Nevada |
| Craig S Denney |
| Miranda M Du |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 65
ORDER- It is therefore ordered that Plaintiff's motions for default judgement (ECF Nos. #58 , #59 , #60 , #61 , #62 , #63 ) are denied. It is further ordered that Plaintiff must show cause, in writing, within 30 days (due by 12/14/2023), how his service of Defendant Constance E. Monda complied with Fed. R. Civ. P. 4. It is further ordered that, if Plaintiff either does not show cause as to Monda, or fails to timely file a response, the Court will dismiss Monda from this case. It is further ordered that Defendants Covenant Care LLC, Nevada Health Care System, State of Nevada, and Nevada Attorney General Aaron Ford are also dismissed from this case without prejudice. Signed by Chief Judge Miranda M. Du on 11/14/2023. (Copies have been distributed pursuant to the NEF - GA)
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| Filing 64 AFFIDAVIT of Yosef L. Mustafanos re ECF Nos. #58 , #59 , #60 , #61 , #62 , #63 Motions for Default Judgment, filed by Petitioner Yosef Leroi Mustafanos. (DRM) |
| Filing 63 MOTION for Default Judgment as to Mordecai S. Lavi, by Petitioner Yosef Leroi Mustafanos. Responses due by 11/20/2023. (DRM) |
| Filing 62 MOTION for Default Judgment as to James Robertson, by Petitioner Yosef Leroi Mustafanos. Responses due by 11/20/2023. (DRM) |
| Filing 61 MOTION for Default Judgment as to Kevin Amick, by Petitioner Yosef Leroi Mustafanos. Responses due by 11/20/2023. (DRM) |
| Filing 60 MOTION for Default Judgment as to VA Sierra Nevada Health Care System, by Petitioner Yosef Leroi Mustafanos. Responses due by 11/20/2023. (DRM) |
| Filing 59 MOTION for Default Judgment as to Department of Veteran Affairs, by Petitioner Yosef Leroi Mustafanos. Responses due by 11/20/2023. (DRM) |
| Filing 58 MOTION for Default Judgment as to Constance E. Monda, by Petitioner Yosef Leroi Mustafanos. Responses due by 11/20/2023. (DRM) |
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Filing 57
ORDER - Plaintiff's motions for substitution of party (ECF No. #31 , #51 ) and Defendant's motion to strike (ECF No. #54 ) are denied as specified herein.Defendant Judge Aberasturi's motion to dismiss (ECF No. #16 ) is granted, and his motion to stay (ECF No. #23 ) is denied as moot. Judge Aberasturi is dismissed from this case with prejudice under the judicial immunity doctrine, as amendment would be futile.The United States' motion to dismiss (ECF No. #26 ) is granted. Claims against the United States and the federal defendants named in the Complaint, including the following individuals and agencies, are dismissed without prejudice: Dept. Of Defense, U.S. Army Medical Command, U.S. Air Force Medical Service, Dept. Veterans Affairs, Brig. Gen. Jeanine M. Ryder, Hon. Jason M. Frierson (United States Attorney), James Robertson, LCSW, Mordecai S. Lavi M.D., Kevin Amick, Honorable Denis Richard McDonough (Secretary of Veterans Affairs), Army Gen. Mark Milley (Chairman of the Joint Chief of Staff), Honorable Lloyd Austin, III (Secretary of Defense), and Lt. Gen. Raymond Scott Dingle (Surgeon General of the United States Army). Defendant Nathan Ure's motion to quash service and to dismiss (ECF No. #44 ) is granted. Ure is dismissed from this case without prejudice.The Court will dismiss Defendant Constance E. Monda from this case without prejudice unless Plaintiff files proper proof of service as to Monda within 30 days of the date of entry of this order (11/9/2023).The Court will dismiss the following defendants from this case without prejudice unless Plaintiff files proper proof of service as to them within 30 days of the date of entry of this order: Covenant Care LLC, Nevada Health Care System, State of Nevada, and Nevada Attorney General Aaron Ford. Plaintiff's remaining, pending motions (ECF Nos. #30 , #34 , #47 , #48 ) are denied as specified herein.Signed by Chief Judge Miranda M. Du on 10/10/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 56 RESPONSE to #51 Motion to Substitute Attorney/Party by Defendant United States of America. Replies due by 9/13/2023. (Attachments: #1 Exhibit 1 Electronic Docket - 2nd Judicial District Case No. PR23-00489)(Johnson, Summer) |
| Filing 55 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #53 Response was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (KF) |
| Filing 54 First MOTION to Strike #51 Motion to Substitute Attorney/Party by Defendant Leon Aberasturi. Responses due by 9/20/2023. (Attachments: #1 Exhibit Exhibit A - Petition for Probate and Issuance of Letters of Administration)(Whelan, Jessica) (nondispositive) |
| Filing 53 RESPONSE to #51 Motion to Substitute Attorney/Party by Defendant Leon Aberasturi. Replies due by 9/13/2023. (Attachments: #1 Exhibit Exhibit A - Petition for Probate and Issuance of Letters of Administration)(Whelan, Jessica) |
| Filing 52 REPLY to Response to #44 Motion to Dismiss, by Defendant Nathan Ure. (Supple, John) |
| Filing 51 MOTION For Substitution of Party Notice of Telephonic Hearing, by Petitioner Yosef Leroi Mustafanos. Responses due by 9/6/2023. (DLS) |
| Filing 50 CERTIFICATE OF SERVICE for ECF Nos. #47 , #48 , #49 Motions for Defaults, proposed defaults, by Petitioner Yosef Leroi Mustafanos. (DRM) |
| Filing 49 NOTICE - Proposed Defaults, by Yosef Leroi Mustafanos.. (Attachments: #1 Proposed Default Judgment)(DRM) |
| Filing 48 MOTION for Default Judgment, by Petitioner Yosef Leroi Mustafanos. Responses due by 9/4/2023. (Attachments: #1 Affidavit in Support of Motion)(DRM) |
| Filing 47 MOTION for Entry of Clerk's Default, by Petitioner Yosef Leroi Mustafanos. Responses due by 9/4/2023. (Attachments: #1 Affidavit in Support of Motion)(DRM) |
| Filing 46 NOTICE Amended Designation Of Nevada Attorney For Service by Nathan Ure.. (Supple, John) |
| Filing 45 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 8/11/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. #44 Motion to Dismiss,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - DLS) |
| Filing 44 MOTION to Dismiss by Defendant Nathan Ure. Responses due by 8/24/2023. Certificate of Interested Parties due by 8/20/2023. Discovery Plan/Scheduling Order due by 9/24/2023. (Supple, John) 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 43 CERTIFICATE of Interested Parties by Nathan Ure. There are no known interested parties other than those participating in the case (Supple, John) |
| Filing 42 NOTICE Designation of Nevada Attorney for Service (LR IA 11-1(B)) by Nathan Ure.. (Supple, John) |
| Filing 41 RESPONSE to #31 Motion by Defendant United States of America. Replies due by 8/16/2023. (Attachments: #1 Exhibit 1 Electronic Docket - 2nd Judicial District Case No. PR23-00489)(Johnson, Summer) |
| Filing 40 RESPONSE to #31 Motion by Defendant Leon Aberasturi. Replies due by 8/16/2023. (Clinton, Sabrena) |
| Filing 39 RESPONSE to #30 Motion for Default Judgment by Defendant United States of America. Replies due by 8/14/2023. (Johnson, Summer) |
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Filing 38
ORDER granting #24 Defendant's Motion to Stay Filing of Discovery Plan and Scheduling Order. Discovery in this matter is stayed until the pending motions to dismiss (ECF Nos. 16, 26) are ruled upon. Signed by Magistrate Judge Craig S. Denney on 8/7/2023.(Copies have been distributed pursuant to the NEF - HJ)
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| Filing 37 NOTICE of Failure to File Response to United States of America's Motion to Dismiss Plaintiffs' Complaint and Request for Injunction by United States of America re #28 Minute Order regarding Requirements of Klingele,.. (Johnson, Summer) |
| Filing 36 RESPONSE to #30 Motion for Default Judgment by Defendant Aaron Ford. Replies due by 8/14/2023. (Clinton, Sabrena) |
| Filing 35 NON-OPPOSITION to #26 Motion to Dismiss,, by Defendant Leon Aberasturi. (Clinton, Sabrena) |
| Filing 34 MOTION for Ruling on ECF No. #30 Motion for Default Judgment, by Petitioner Yosef Leroi Mustafanos. Responses due by 8/16/2023. (GA) (dispositive) |
| Filing 33 REPLY to #29 Response to #23 Motion to Stay Case or Discovery by Defendant Leon Aberasturi. (Attachments: #1 Index Index of Exhibit, #2 Exhibit Exhibit A)(Clinton, Sabrena) Modified - Linked to #29 Response on 7/31/2023 (KF). |
| Filing 32 NOTICE of Appearance by attorney Sabrena Clinton on behalf of Defendants Leon Aberasturi, Aaron Ford. (Clinton, Sabrena) |
| Filing 31 MOTION for Substitution of Party by Petitioner Yosef Leroi Mustafanos. Responses due by 8/9/2023. (GA) (misc) (nondispositive) |
| Filing 30 MOTION for Default Judgment by Petitioner Yosef Leroi Mustafanos. Responses due by 8/7/2023. (DLS) |
| Filing 29 RESPONSE to ECF Nos. #23 , #24 Motion to Stay Case, by Petitioner Yosef Leroi Mustafanos. Replies due by 7/31/2023. (DLS) |
| Filing 28 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/20/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. #26 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - DRM) |
| Filing 27 CERTIFICATE of Interested Parties by Leon Aberasturi. There are no known interested parties other than those participating in the case. (Watkins, Marni) |
| Filing 26 MOTION to Dismiss #6 Complaint, by Defendant United States of America. Responses due by 7/31/2023. Certificate of Interested Parties due by 7/27/2023. Discovery Plan/Scheduling Order due by 8/31/2023. (Attachments: #1 Exhibit 1)(Johnson, Summer) 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 24 MOTION to Stay Discovery by Defendant Leon Aberasturi. Responses due by 7/27/2023. (Watkins, Marni) |
| Filing 23 MOTION to Stay Case by Defendant Leon Aberasturi. Responses due by 7/27/2023. (Watkins, Marni) |
| Filing 25 RESPONSE to ECF No. #22 Reply re ECF No. #16 Motion to Dismiss, by Petitioner Yosef Leroi Mustafanos. (DLS) |
| Filing 22 REPLY to #21 Response re #16 Motion to Dismiss,, by Defendant Leon Aberasturi. (Watkins, Marni) Modified - Linked to #21 Response on 7/11/2023 (KF). |
| Filing 21 RESPONSE to #16 Motion to Dismiss, by Petitioner Yosef Leroi Mustafanos. Replies due by 7/13/2023. (DLS) Modified docket text on 7/10/2023 (KF). |
| Filing 20 REPLY to #19 Response re #16 Motion to Dismiss,, by Defendant Leon Aberasturi. (Watkins, Marni) Modified - Linked to #19 Response on 6/28/2023 (KF). |
| Filing 19 RESPONSE to ECF No. #16 Motion to Dismiss, by Petitioner Yosef Leroi Mustafanos. Replies due by 7/3/2023. (DLS) |
| Filing 18 CIVIL STANDING ORDER of U.S. Magistrate Judge Craig S. Denney. (Copies have been distributed pursuant to the NEF - HJ) |
| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/8/2023. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. #16 Motion to Dismiss. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - DRM) |
| Filing 16 First MOTION to Dismiss by Defendant Leon Aberasturi. Responses due by 6/21/2023. Certificate of Interested Parties due by 6/17/2023. Discovery Plan/Scheduling Order due by 7/22/2023. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B)(Watkins, Marni) 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 15 SUMMONS Returned Executed by Yosef Leroi Mustafanos. Jason M. Frierson served on 5/25/2023; Denis Richard McDonough served on 5/25/2023. (Attachments: #1 Proof of Service)(DLS) |
| Filing 14 CERTIFICATE OF SERVICE of Subpoenas by Petitioner Yosef Leroi Mustafanos. (Attachments: #1 Proof - Austin, #2 Proof - Ford, #3 Proof - Aberasturi, #4 Proof - Lavi, #5 Proof - Robertson, #6 Proof - Ure, #7 Proof - Amick)(DLS) |
| Filing 13 NOTICE of Subpoena by Yosef Leroi Mustafanos. (DLS) |
| Filing 12 NOTICE of Subpoena by Yosef Leroi Mustafanos. (DLS) |
| Filing 11 CERTIFICATE of Interested Persons and Corporate Disclosure Statement by Yosef Leroi Mustafanos. There are no known interested parties other than those participating in the case. (DLS) |
| Filing 10 SECOND CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Yosef Leroi Mustafanos. Certificate of Interested Parties due by 6/12/2023. (no image attached) (KF) |
| Filing 9 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Yosef Leroi Mustafanos. Certificate of Interested Parties due by 6/2/2023. (no image attached) (KF) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/16/2023. Due to an administrative processing delay, the Court was not aware that Plaintiff had timely filed a complaint. But it now appears that Plaintiff timely filed a complaint. (ECF No. #6 .) It is therefore ordered that the Court vacates its order issued earlier today. (ECF No. 5 .) (no image attached) (Copies have been distributed pursuant to the NEF - TH) |
| Filing 5 VACATED PURSUANT TO ECF No. 8 ORDER : MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 5/16/2023. In its prior order (ECF No. 4 ) the Court warned Plaintiff Yosef Leroi Mustafanos it would dismiss this case without prejudice today if he did not file a complaint to properly initiate it by yesterday. Mr. Mustafanos did not timely file a complaint in compliance with the Court's prior order. It is therefore ordered that this case is dismissed, in its entirety, without prejudice. The Clerk of Court is directed to enter judgment accordingly and close this case. (no image attached) (Copies have been distributed pursuant to the NEF - TH) Modified on 5/16/2023 to denote VACATED (DRM). |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 4/24/2023. Plaintiff Yosef Leroi Mustafanos did not properly initiate this case. See Fed. R. Civ. P. 3 ("A civil action is commenced by filing a complaint with the court."). It is therefore ordered that Plaintiff must file a complaint properly initiating this case by May 15, 2023. If he does not, the Court will dismiss this case without prejudice on May 16, 2023. It is further ordered that Plaintiff's motion for permanent injunction (ECF No. #1 ) is denied without prejudice to refiling in the event he properly initiates this case in line with this order. The Clerk of Court is directed to mail Plaintiff a copy of this order by certified mail. (no image attached) (Copies have been distributed pursuant to the NEF - TH) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Craig S. Denney. (DLS) |
| Filing 3 SUMMONS Returned Executed by Yosef Leroi Mustafanos. (DLS) |
| Filing 2 SUMMONS ISSUED Aaron D. Ford, Jason M. Frierson, and Northern Nevada Legal Aid. (DLS) |
| Filing 1 MOTION for Permanent Injunction by Petitioner Yosef Leroi Mustafanos. Responses due by 5/1/2023. Filing fee paid 04/17/2023. Receipt #:3-0199. (Attachments: #1 Civil Cover Sheet)(DLS) |
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