Gibbs v. Correctional Officer et al
| Moe Maurice Gibbs |
| Correctional Officer, Cass County Sheriff, Cass County Jail and North Dakota, State of |
| 3:2009cv00101 |
| November 13, 2009 |
| US District Court for the District of North Dakota |
| Southeastern Office |
| Cass |
| Ralph R Erickson |
| Karen K Klein |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 3, 2011. A more recent docket listing may be available from PACER.
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| Filing 69 CLERK'S JUDGMENT in favor of Cass County Sheriff and Correctional Officer against Moe Maurice Gibbs (copy distributed to pro se plaintiff with copy of Order #68 )(lf) |
Filing 68
ORDER ADOPTING #66 REPORT AND RECOMMENDATIONS, granting #57 Defendants' Motion for Summary Judgment, and dismissing this case with prejudice by Chief Judge Ralph R. Erickson. (SH)
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| Filing 67 OBJECTION by Moe Maurice Gibbs to #66 Report and Recommendations. (Attachments: #1 Mailing Envelope)(lh) |
| Filing 66 REPORT AND RECOMMENDATIONS by Magistrate Judge Karen K. Klein recommending the #57 MOTION for Summary Judgment filed by the Cass County Sheriff and Correctional Officer be GRANTED, and the #4 Complaint filed by Moe Maurice Gibbs be DISMISSED with prejudice. (AS) |
| Filing 65 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #63 Reply to Response to Motion, #64 Affidavit (Gaustad, Daniel) |
| Filing 64 AFFIDAVIT of Daniel L. Gaustad re #63 Reply to Response to Motion by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 63 REPLY to Response to Motion re #57 MOTION for Summary Judgment filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 62 RESPONSE to Motion re #57 MOTION for Summary Judgment filed by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lf) |
| Filing 61 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #57 MOTION for Summary Judgment, #60 Affidavit, #58 MEMORANDUM in Support, #59 Affidavit (Gaustad, Daniel) |
| Filing 60 AFFIDAVIT of Daniel L. Gaustad re #57 MOTION for Summary Judgment by Cass County Sheriff, Correctional Officer. (Attachments: #1 Exhibit A - Medical Records Bates #138-184, #2 Exhibit A - Medical Records Bates #185-229, #3 Exhibit A - Medical Records Bates #230-271, #4 Exhibit A - Medical Records Bates #272-321, #5 Exhibit A - Medical Records Bates #322-355, #6 Exhibit B - Deposition Transcript of Moe Gibbs)(Gaustad, Daniel) Modified on 2/2/2011 to correct typo in text (lh). |
| Filing 59 AFFIDAVIT of Heidi McLean re #57 MOTION for Summary Judgment by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 58 MEMORANDUM in Support re #57 MOTION for Summary Judgment filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 57 MOTION for Summary Judgment by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
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Filing 56
ORDER by Chief Judge Ralph R. Erickson granting in part and denying in part #53 Motion Leave to Depose Defendants Drew Gilman and Paul Laney. No leave is necessary to notice the depositions of party opponents. Request for Court approval or payment of deposition costs is denied. (RRE)
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Filing 55
ORDER by Chief Judge Ralph R. Erickson denying #48 Motion to Appoint Counsel (RRE)
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Filing 54
ORDER by Chief Judge Ralph R. Erickson denying #47 Motion to Amend/Correct (RRE)
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| Filing 53 MOTION for Leave to Take Deposition of Defendants filed by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lc) |
| Filing 52 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #51 Response to Motion (Gaustad, Daniel) |
| Filing 51 RESPONSE to Motion re #47 MOTION to Amend/Correct #4 Complaint filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 50 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #49 Response to Motion (Gaustad, Daniel) |
| Filing 49 RESPONSE to Motion re #48 MOTION to Appoint Counsel filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 48 MOTION to Appoint Counsel by Moe Maurice Gibbs. (lh) |
| Filing 47 MOTION to Amend/Correct #4 Complaint (to Add Additional Parties) by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lh) |
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Filing 46
ORDER granting #43 Motion to take deposition of Plaintiff by Chief Judge Ralph R. Erickson. (AH)
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| Filing 45 CERTIFICATE OF SERVICE by Cass County Jail, Cass County Sheriff, Correctional Officer re #43 MOTION Leave to Take Deposition of Plaintiff, #44 Brief (Fischer, Ronald) |
| Filing 44 BRIEF re #43 MOTION Leave to Take Deposition of Plaintiff by Cass County Jail, Cass County Sheriff, Correctional Officer. (Fischer, Ronald) |
| Filing 43 MOTION Leave to Take Deposition of Plaintiff by Cass County Jail, Cass County Sheriff, Correctional Officer. (Fischer, Ronald) |
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Filing 42
ORDER by Magistrate Judge Karen K. Klein finding as moot 36 Motion to Compel. (AS)
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| Filing 41 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #39 Affidavit, #38 Response to Motion, #40 Affidavit, (Gaustad, Daniel) |
| Filing 40 AFFIDAVIT of Daniel L Gaustad re #38 Response to Motion by Cass County Sheriff, Correctional Officer. (Attachments: #1 Exhibit A - Defendants' Initial Rule 26a disclosures, #2 Exhibit B - Mr. Gibbs July 14, 2010 letter, #3 Exhibit C - Mr. Gibbs August 2, 2010 letter, #4 Exhibit D - Defendants' response to request for production of documents, #5 Exhibit E - Mr. Gaustad October 12, 2010 letter to Mr. Gibbs)(Gaustad, Daniel) |
| Filing 39 AFFIDAVIT of Carlos Perez re #38 Response to Motion by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 38 RESPONSE to Motion re 36 MOTION to Compel filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
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Filing 37
ORDER denying #31 Threshold Motion by Chief Judge Ralph R. Erickson. (AH)
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| Filing 36 MOTION to Compel Cass County Jail to respond to request for evidence by Moe Maurice Gibbs. Note: Motion is contained within Plaintiff's Reply to Response to Motion at #35 . (lf) |
| Filing 35 REPLY to Response to Motion re #31 MOTION relief for the amount of $24,000,000 filed by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lf) |
| Filing 34 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #33 Affidavit, #32 Response to Motion (Gaustad, Daniel) |
| Filing 33 AFFIDAVIT of Daniel L. Gaustad re #32 Response to Motion by Cass County Sheriff, Correctional Officer. (Attachments: #1 Exhibit Bates #1-79 - Fargo Cass Public Health records)(Gaustad, Daniel) |
| Filing 32 RESPONSE to Motion re #31 MOTION relief for the amount of $24,000,000 filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 31 MOTION ("Threshold Motion") for Relief for the amount of $24,000,000 by Moe Maurice Gibbs. (Attachments: #1 Letter from Moe M. Gibbs, #2 Mailing Envelope)(lh) |
| Filing 30 NOTICE of Hearing: Jury Trial set for Tuesday, 8/23/2011 at 9:30 AM in Fargo in Courtroom 1 before Chief Judge Ralph R. Erickson. Pretrial Conference set for 8/23/2011 at 9:00 AM in Fargo in Courtroom 1 before Chief Judge Ralph R. Erickson. (Trial estimate: one week) (lc) |
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Filing 29
ORDER for Final Pretrial Conference by Magistrate Judge Karen K. Klein. Final Pretrial Conference set for Tuesday, 8/9/2011 at 10:30 AM in Fargo in Courtroom 2 before Magistrate Judge Karen K. Klein.(lc)
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Filing 28
SCHEDULING ORDER by Magistrate Judge Karen K. Klein. Amended Pleadings due by 12/1/2010. Discovery due by 12/31/2010. Expert Witness List due by 12/31/2010. Joinder of Parties due by 12/1/2010. Motions due by 2/1/2011. (copy mailed to pro se Plaintiff)(lh)
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| Filing 27 BRIEF Proposed Scheduling/Discovery Plan by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lc) |
| Filing 26 REPLY to Response to Motion re #18 MOTION to Appoint Counsel filed by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lh) |
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Filing 25
ORDER by Magistrate Judge Karen K. Klein denying #18 Motion to Appoint Counsel and granting #24 Motion for Extension of Scheduling Deadlines. (AS)
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| Filing 24 MOTION for Extension of Scheduling Deadlines re #17 Order by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lh) |
| Filing 23 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #21 Response to Motion, #22 Affidavit (Gaustad, Daniel) |
| Filing 22 AFFIDAVIT of Carlos Perez re #21 Response to Motion by Cass County Sheriff, Correctional Officer. (Attachments: #1 Exhibit A - Records regarding May 14, 2007 incident)(Gaustad, Daniel) |
| Filing 21 RESPONSE to Motion re #18 MOTION to Appoint Counsel filed by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 20 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #19 Brief Proposed Scheduling/Discovery Plan (Gaustad, Daniel) |
| Filing 19 BRIEF Proposed Scheduling/Discovery Plan by Cass County Sheriff, Correctional Officer. (Gaustad, Daniel) |
| Filing 18 MOTION to Appoint Counsel by Moe Maurice Gibbs. (Attachments: #1 Mailing Envelope)(lf) |
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Filing 17
ORDER to Submit Proposed Scheduling Deadlines by Magistrate Judge Karen K. Klein. (NJM)
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| Filing 16 CERTIFICATE OF SERVICE by Cass County Sheriff, Correctional Officer re #15 Answer to Complaint (Gaustad, Daniel) |
| Filing 15 ANSWER to #4 Complaint with Jury Demand by Cass County Sheriff, Correctional Officer.(Gaustad, Daniel) |
| Reset Deadlines: Answer due deadline reset to 5/17/2010 for defendants Cass County Sheriff and Correctional Officer. Waivers of Service were sent on 3/17/2010, NOT on 3/30/2010. SEE Waivers of Service Returned Executed for listed defendants at #10 and #11 . (lf) |
| DOCKET CORRECTION re: #10 and #11 Waiver of Service Executed. Counsel selected the date the waiver was filed rather than the date the request was sent to each defendant. All waivers were sent on 3/17/2010. Clerk's office corrected the docket text for each docket entry and reset the answer due deadlines. (lf) |
| Filing 14 CLERK'S JUDGMENT dismissing Defendants Cass County Jail and State of North Dakota.(lf) |
| DOCKET ANNOTATION: the Order Adopting Report and Recommendations #13 ordered service of the Complaint to the remaining defendants, however; the remaining defendants were already served with the Complaint and Waivers of Service forms on 3/17/2010 pursuant to the Order contained within the Report and Recommendations #6 . The Defendants waived service on 3/30/2010 (see documents #10 and #11 ). (lf) |
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Filing 13
ORDER by Chief Judge Ralph R. Erickson adopting #6 Report and Recommendations. (AH)
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| Filing 12 CERTIFICATE OF SERVICE by Cass County Jail, Cass County Sheriff, Correctional Officer, North Dakota, State of re #11 Waiver of Service Executed, #10 Waiver of Service Executed (Gaustad, Daniel) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Cass County Jail, Cass County Sheriff, Correctional Officer, North Dakota, State of. Correctional Officer waiver sent on 3/17/2010, answer due 5/17/2010. (Gaustad, Daniel) Modified on 4/15/2010 to correct date waiver was sent and answer due deadline (lf). |
| Filing 10 WAIVER OF SERVICE Returned Executed by Cass County Jail, Cass County Sheriff, Correctional Officer, North Dakota, State of. Cass County Sheriff waiver sent on 3/17/2010, answer due 5/17/2010. (Gaustad, Daniel) Modified on 4/15/2010 to correct date waiver was sent and answer due deadline (lf). |
| Filing 9 REQUEST FOR WAIVER of Service and WAIVER OF SERVICE OF SUMMONS sent to the Cass County Sheriff on 3/17/2010 at the Cass County Sheriff's Office. Waiver of Service due by 4/16/2010. (lf) |
| Filing 8 REQUEST FOR WAIVER of Service of Summons and WAIVER OF SERVICE OF SUMMONS sent to Correctional Officer Drew at the Cass County Jail on 3/17/2010. Waiver of Service due by 4/16/2010. (lf) |
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Filing 6
REPORT AND RECOMMENDATION AND ORDER by Magistrate Judge Karen K. Klein RECOMMENDING the #4 Complaint filed by Moe Maurice Gibbs be DISMISSED as to the Cass County Jail and the State of North Dakota, and ORDERING service of the complaint upon the remaining defendants. (AS)
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| Filing 5 NOTICE OF COLLECTION OF FILING FEE sent to NDSP re #3 Order on Motion for Leave to Proceed in forma pauperis. (lc) |
| Filing 4 COMPLAINT against Cass County Jail, Cass County Sheriff, Correctional Officer, State of North Dakota filed by Moe Maurice Gibbs. (Filing fee: IFP) (Attachments: #1 Civil Cover Sheet, #2 Mailing Envelope)(lc) |
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Filing 3
ORDER by Magistrate Judge Karen K. Klein granting #1 Motion for Leave to Proceed in forma pauperis. (AS)
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| Filing 2 PLRA Packet. (Attachments: #1 Mailing Envelope, #2 Civil Cover Sheet, #3 Notice of Lawsuit and Request to Waive Service of Summons)(lf) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Moe Maurice Gibbs. (Attachments: #1 Local Form C - Certificate of Inmate Account and Assets)(lf) |
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