Erwine v. United States of America et al
| Michael Erwine |
| United States of America, Churchill County, Benjamin Trotter, Zachary Westbrook, John Leonard, Michel Hall, Gene Burk and United States Attorney's Office |
| 3:2024cv00045 |
| January 25, 2024 |
| US District Court for the District of Nevada |
| Craig S Denney |
| Miranda M Du |
| Civil Rights: Other |
| 28 U.S.C. § 1346 Tort Claim |
| None |
Docket Report
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| Filing 33 First MOTION to Extend Time (First Request) FOR DISCOVERY PLAN AND SCHEDULING ORDER re #18 Motion to Dismiss,, by Plaintiff Michael Erwine. Responses due by 4/6/2024. (Busby, Luke) (discovery) |
Filing 32
ORDER - The motion to stay discovery pending resolution of the motion to dismiss (ECF No. #19 ) filed by Trotter and Churchill County is GRANTED. The stay of discovery is as to Churchill County and Trotter only, and the stay does not have an impact on discovery between Erwine and the remaining defendants, who did not join in this motion or file their own motion to stay discovery. Signed by Magistrate Judge Craig S. Denney on 3/21/2024. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 31 RESPONSE to #28 Motion, by Defendants Churchill County, Benjamin Trotter. Replies due by 3/28/2024. (Parks, Katherine) |
| Filing 30 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/20/2024 before Magistrate Judge Craig S. Denney. Crtrm Administrator: Karen Walker; Pla Counsel: Luke Busby; Def Counsel: Katherine Parks and Melanie Chapman; Court Reporter: Liberty Court Recorder; Time of Hearing: 10:00 a.m.; Recording start and end times: 10:01:06 a.m. - 10:18:46 a.m.; Courtroom: 2.The Court addresses the parties regarding the purpose of today's hearing and notes review of Defendants' Motion to Stay Discovery (ECF No. #19 ) and related briefing (ECF Nos. #24 / #26 ). Counsel present arguments. Matter taken under submission and a separate order will be issued. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) |
| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 3/19/2024. By Deputy Clerk: Karen Walker.The virtual Motion Hearing scheduled for March 19, 2024, at 1:00 P.M. is VACATED and RESCHEDULED to Wednesday, March 20, 2024, at 10:00 A.M. in Reno Courtroom 2 before Magistrate Judge Craig S. Denney. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) |
| Filing 28 MOTION MOTION TO FILE SURREPLY TO REPLY TO RESPONSE IN OPPOSITION TO MOTION TO DISMISS PLAINTIFFS COMPLAINT WITH PREJUDICE AND MOTION FOR SANCTIONS PURSUANT TO FRCP 11, OR, IN THE ALTERNATIVE, FOR REFUSAL TO CONSIDER NEW MATTERS RAISED IN DEFENDANTS REPLY re #25 Response by Plaintiff Michael Erwine. Responses due by 3/25/2024. (Attachments: #1 Exhibit)(Busby, Luke) (misc) (dispositive) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Craig S. Denney on 3/7/2024. By Deputy Clerk: Karen Walker.A virtual Motion Hearing is set for Tuesday, March 19, 2024, at 1:00 P.M. in Reno Courtroom 2 before Magistrate Judge Craig S. Denney. The hearing will be conducted by Zoom Video Conference. The parties are directed to contact the courtroom administrator, Karen Walker, at (775) 686-5918 or Karen_Walker@nvd.uscourts.gov, by Friday, March 15, 2024, to provide the e-mail address of all counsel who will be attending the hearing. The following Zoom Video Conference Instructions shall be adhered to as follows:Instructions and zoom invite to the scheduled hearing will be sent via e-mail at least ONE (1) day prior to the hearing to the participants e-mail provided to the Court.1. Log on to the Zoom five (5) minutes prior to the hearing time. 2. Mute your sound prior to entering the hearing.3. Do not talk over one another. 4. State your name prior to speaking for the record. 5. Do not have others in the video screen or moving in the background. 6. No recording of the hearing. 7. No forwarding of any video conference invitations. 8. Unauthorized users on the video conference will be removed. Members of the public may access and listen to the hearing by calling 1-888-557-8511, at least 5 minutes before the scheduled hearing time. The access code is 3599743 and the pass code is 31924. Telephonic participants must mute their telephone after identifying themselves to the courtroom administrator. Telephonic participants must not place their telephone on hold during the hearing.Reminder: Please take notice that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, and members of the public, who participate in or listen to this proceeding may NOT record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court will be subject to civil and/or criminal contempt penalties by this Court.The Court will address the Motion to Stay Discovery (ECF No. #19 ) and any related briefing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) |
| Filing 26 REPLY to Response to #19 Motion to Stay Case or Discovery, by Defendants Churchill County, Benjamin Trotter. (Parks, Katherine) |
| Filing 25 REPLY to #23 Response to #18 Motion to Dismiss, by Defendants Churchill County, Benjamin Trotter. (Parks, Katherine) Modified on 3/5/2024 (HAM). |
| Filing 24 RESPONSE to #19 Motion to Stay Case or Discovery, by Plaintiff Michael Erwine. Replies due by 3/6/2024. (Busby, Luke) |
| Filing 23 RESPONSE to #18 Motion to Dismiss,, by Plaintiff Michael Erwine. Replies due by 3/6/2024. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Busby, Luke) |
| Filing 22 NOTICE of Acceptance of Service of Summons and Complaint by Michel Hall, John Leonard, Zachary Westbrook.. (Chapman, Melanie) |
| Filing 21 CIVIL STANDING ORDER of U.S. Magistrate Judge Craig S. Denney. (Copies have been distributed pursuant to the NEF - HJ) |
| Filing 20 CERTIFICATE of Interested Parties by Churchill County, Benjamin Trotter. There are no known interested parties other than those participating in the case. (Parks, Katherine) |
| Filing 19 MOTION to Stay Discovery re #18 Motion to Dismiss,, by Defendants Churchill County, Benjamin Trotter. Responses due by 2/29/2024. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Parks, Katherine) |
| Filing 18 MOTION to Dismiss #1 Complaint,, by Defendants Churchill County, Benjamin Trotter. Responses due by 2/29/2024. Certificate of Interested Parties due by 2/25/2024. Discovery Plan/Scheduling Order due by 3/31/2024. (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)(Parks, Katherine) 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 17 SUMMONS Returned Executed by Michael Erwine re #1 Complaint,, #7 Summons Issued. Gene Burk served on 2/7/2024. (Busby, Luke) |
| Filing 16 SUMMONS Returned Executed by Michael Erwine re #5 Summons Issued, #1 Complaint,,. United States of America served on 1/30/2024. (Busby, Luke) |
| Filing 15 SUMMONS Returned Executed by Michael Erwine re #1 Complaint,, #3 Summons Issued. John Leonard served on 1/31/2024. (Busby, Luke) |
| Filing 14 SUMMONS Returned Executed by Michael Erwine re #1 Complaint,, #9 Summons Issued. Churchill County served on 1/29/2024. (Busby, Luke) |
| Filing 13 SUMMONS Returned Executed by Michael Erwine re #8 Summons Issued, #1 Complaint,,. Benjamin Trotter served on 1/29/2024. (Busby, Luke) |
| Filing 12 SUMMONS Returned Executed by Michael Erwine re #6 Summons Issued, #1 Complaint,,. Michel Hall served on 1/29/2024. (Busby, Luke) |
| Filing 11 SUMMONS Returned Executed by Michael Erwine re #4 Summons Issued, #1 Complaint,,. Zachary Westbrook served on 1/29/2024. (Busby, Luke) |
| Filing 10 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 9 SUMMONS ISSUED as to Churchill County. (GA) |
| Filing 8 SUMMONS ISSUED as to Benjamin Trotter. (GA) |
| Filing 7 SUMMONS ISSUED as to Gene Burk. (GA) |
| Filing 6 SUMMONS ISSUED as to Michel Hall. (GA) |
| Filing 5 SUMMONS ISSUED as to United States Attorney's Office. (GA) |
| Filing 4 SUMMONS ISSUED as to Zachary Westbrook. (GA) |
| Filing 3 SUMMONS ISSUED as to John Leonard. (GA) |
| Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Craig S. Denney. (GA) |
| Filing 2 CERTIFICATE of Interested Parties by Michael Erwine. There are no known interested parties other than those participating in the case (Busby, Luke) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $405 receipt number ANVDC-7566408) by Michael Erwine. Certificate of Interested Parties due by 2/4/2024. Proof of service due by 4/24/2024. (Attachments: #1 Exhibit FTCA Denial, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons) (Busby, Luke) 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. |
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