Alvarez v. Hill et al
Blackie F. Alvarez |
Superintendant Jean Hill, Max Williams, Mitch Morrow, Judy Gilmore, S Franke, T. O'Connor, Sonja Hoyt, T. Armstrong, S. Babb, Cain and Rider |
3:2004cv00884 |
June 29, 2004 |
US District Court for the District of Oregon |
Portland Office |
Anna J Brown |
Prisoner: Civil Rights |
42 U.S.C. § 1983 Prisoner Civil Rights |
None |
Docket Report
This docket was last retrieved on February 13, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Filing 195 MANDATE of USCA for the 9th Circuit, USCA #10-35865 re Notice of Appeal, #193 .The judgment of this Court, entered January 20, 2012, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are awarded to the appellee in the amount of $29.64. The decision of the District Court is AFFIRMED. (Attachments: #1 Opinion) (sss) |
Filing 194 Representation Statement re Notice of Appeal, #193 . Filed by Blackie F. Alvarez. (McStay, P.) |
Filing 193 Notice of Appeal to the 9th Circuit from Order #192 , Order on motion for summary judgment, Order on motion to strike, Order on motion for Leave,,,,,, #182 , Judgment, #190 . Filed by Blackie F. Alvarez. (Attachments: #1 Attachment Judgment, #2 Attachment Opinion and Order, #3 Attachment Opinion and Order) (McStay, P.) |
USCA Appeal Fees re Notice of Appeal, #193 : Received Fee in amount of $ 455. Receipt number 36088 issued. (msk) |
Filing 192 CORRECTED OPINION AND ORDER. Parties to disregard incorrectly attached Judgment at docket 191. Corrected Opinion and Order should have been attached. Corrected 16 page Order attached. Signed on 08/26/2010 by Judge Anna J. Brown. (bb) (bb) |
Filing 191 CORRECTED OPINION AND ORDER. Parties to disregard Opinion and Order at docket 189 as it had an incorrect signature date. Corrected 16 page Order attached. Signed on 08/26/2010 by Judge Anna J. Brown. (bb) |
Filing 190 Judgment. Based on the Court's Opinions and Orders #182 , #189 issued February 12, 2010, and August 26, 2010, the Court DISMISSES this matter. Signed on 08/26/2010 by Judge Anna J. Brown. (bb) |
Filing 189 Opinion and Order. The Court GRANTS Defendant's Motion #116 for Summary Judgment and DISMISSES this matter. Signed on 08/26/2010 by Judge Anna J. Brown. See 16 page Order. (bb) Modified on 8/26/2010 to reflect Order was signed on 8/26/2010 (bb). |
Filing 188 Response to Plaintiff's Second Supplemental Memorandum Regarding Mootness. Filed by All Defendants. (Related document(s): Supplement #183 .) (Kamins, Jacqueline) |
Filing 187 Minute Order by Judge Anna J. Brown. In Plaintiff Blackie Alvarez's Second Supplemental Memorandum #183 Regarding Mootness, Plaintiff raises for the first time an issue with respect to mootness in which he contends this case satisfies the mootness exception "capable of repetition yet evading review" because the Defendants' policies at Snake River Correctional Institution continue in effect. Plaintiff cites three Ninth Circuit opinions that provide support for his position: United States v. Howard, 480 F.3d 1005, 1010 (9th Cir. 2007); Or. Advocacy Ctr. v. Mink, 322 F.3d 1101, 1116-18 (9th Cir. 2003); United States v. Brandau, 578 F.3d 1064, 1069 (9th Cir. 2009). Defendants, however, did not anticipate Plaintiff's argument and did not address it in their Brief #184 on the Issue of Mootness that was filed simultaneous to Plaintiff's Memorandum. The Court, therefore, will permit Defendants to file no later than Wednesday, 7/28/10, if it wishes to do so a supplemental response no more than five pages in length addressing only the mootness issue with respect to on-going policies at Snake River Correctional Institute. The Court will advise the parties thereafter if it determines oral argument is necessary. If the Court finds oral argument is unnecessary, it will take this issue under advisement on 7/28/10. (bb) |
Filing 186 Notice of Attorney Withdrawal: Withdrawal of Derek D. Green Filed by Blackie F. Alvarez (Green, Derek) |
Filing 185 Declaration of Candace E. Wheeler. Filed by all defendants. (Related document(s): Brief #184 .) (Kamins, Jacqueline) |
Filing 184 Brief on the Issue of Mootness. Filed by all defendants. (Kamins, Jacqueline) |
Filing 183 Second Supplement al Memorandum Regarding Mootness. Filed by all plaintiffs. (McStay, P.) |
Filing 182 Opinion and Order: by Judge Anna J. Brown. For the reasons indicated, the Court DENIES Plaintiff's Motion #131 to Strike in its entirety, GRANTS plaintiff's Request for Judicial Notice #138 , and GRANTS in part and DEFERS in part Defendants' Motion #116 for Summary Judgment as set out in this Opinion and Order. The Court also GRANTS Plaintiff's request for additional discovery and sets April 9, 2010, as the deadline to complete any additional discovery limited to the issue of mootness. The Court also directs the parties to file no later than April 30, 2009, simultaneous supplemental briefs each limited to ten (10) pages addressing only the issue of mootness. (See 43 page Opinion). Signed on 2/12/2010. (sm) |
Filing 181 Notice of Attorney Substitution:Attorney Derek D. Green and P. Andrew McStay is substituted as counsel of record in place of Attorney Curt Roy Hineline Notice of withdrawal and Substitution of Attorneys Filed by Blackie F. Alvarez (Green, Derek) |
Filing 180 Notice of Attorney Withdrawal: of John B. Schochet Filed by Blackie F. Alvarez (Schochet, John) |
Filing 179 Brief in Response to Defendants' Supplemental Memorandum. Filed by Blackie F. Alvarez. (Related document(s): Brief #172 .) (Schochet, John) |
Filing 178 Notice of Change of Address of Plaintiff's Counsel.Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 177 Notice of Name Change of Counsel.Filed by all defendants. (Kamins, Jacqueline) |
Filing 176 ORDER by Judge Anna J. Brown. Granting Defendants' Unopposed Motion to Allow Filing of Second Amended Affidavit #173 . Amended Affidavit shall be filed by 10/16/2009. (sm) |
Filing 175 Affidavit of Brad Cain in Support of Motion (titled as Second Amended Affidavit of Brad Cain). Filed by all defendants. (Related document(s): Motion for Summary Judgment #116 .) (Attachments: #1 Attachment 1-4, #2 Attachment 5-11) (Sadker, Jacqueline) |
Filing 174 Declaration of Elizabeth Brodeen. Filed by all defendants. (Related document(s): Motion for Leave #173 .) (Sadker, Jacqueline) |
Filing 173 Unopposed Motion for Leave (titled as Unopposed Motion to Allow Filing of Second Amended Affidavit). Filed by all defendants. (Sadker, Jacqueline) |
Filing 172 Supplemental Brief. Filed by all defendants. (Related document(s): Motion for Summary Judgment #116 .) (Sadker, Jacqueline) |
Filing 171 Transcript of Proceedings held on 9/10/09 before Judge Anna J. Brown. Court Reporter: Karen Eichhorn.. (ljl) (Additional attachment(s) added on 2/17/2015: #1 doc 171, Trancript of Proceeding) (dnt). |
Filing 170 Supplemental Brief Regarding Mootness. Filed by Blackie F. Alvarez. (Related document(s): Notice #168 .) (Schochet, John) |
Filing 169 Supplement Memorandum re Mootness. Filed by Blackie F. Alvarez. (Related document(s): Memorandum in Opposition #134 .) (Attachments: #1 Declaration of John Schochet in Support of Supplemental Memorandum) (Schochet, John) |
Filing 168 Notice of Plaintiff's Parole Status.Filed by all defendants. (Brodeen, Elizabeth) |
Filing 167 MINUTES of Proceedings: Motion Hearing Held. Defendants' supplemental memo is due 10/9/2009. Plaintiff's supplemental response is due 11/4/2009. The Motions will be taken Under Advisement at that time. John Schochet present as counsel for plaintiff(s). Jacqueline Sadker, Elizabeth Brodeen present as counsel for defendant(s). Court Reporter: Karen Eichorn. Judge Anna J. Brown presiding. (Related document(s): Motion for Summary Judgment #116 , Motion to Strike #131 , Motion for Leave #138 .) (sm) |
Filing 166 Notice of Supplemental Authority.Filed by all defendants. (Sadker, Jacqueline) |
Filing 165 Scheduling Order by Judge Anna J. Brown. Oral Argument set for 9/10/2009 is RESCHEDULED to begin at 3:00PM before Judge Anna J. Brown. (Related document(s): Motion for Summary Judgment #116 , Motion for Leave Request for Judicial Notice #138 , Motion to Strike Defendants' Submissions in Support of Motion for Summary Judgment #116 #131 . (sm) |
Filing 164 Scheduling Order by Judge Anna J. Brown. Oral Argument set for 9/23/2009 is RESET for 9/10/2009 at 01:30PM before Judge Anna J. Brown. (sm) |
Filing 163 Scheduling Order by Judge Anna J. Brown. Oral Argument regarding Defendants' Motion for Summary Judgment #116 , Plaintiff's Motion for Leave Request for Judicial Notice #138 , and Plaintiff's Motion to Strike Defendants' Submissions in Support of Motion for Summary Judgment #131 , is set for 9/23/2009 at 02:00PM before Judge Anna J. Brown. (sm) |
Filing 162 RECORD OF ORDER by Judge Anna J. Brown: The Court has completed an initial review of Plaintiff's Motion to Compel (#143). There is also pending Defendants' Motion for Summary Judgment (#116), which, if granted even in part, will necessarily affect the scope of any remaining discovery the Court may permit. Accordingly, the Court intends to defer consideration of Plaintiff's Motion to Compel (#143) until after it rules on Defendants' Motion for Summary Judgment and directs the parties to update their positions as to the Motion to Compel thereafter as follows: within 10 days after the ruling on Defendants' Motion for Summary Judgment, counsel shall confer meaningfully in real time (i.e., in person or by telephone as necessary) to determine the specific scope of any remaining discovery dispute; within 20 days after the ruling on Defendant's Motion for Summary Judgment, counsel shall file a Joint Status Report regarding the Motion to Compel identifying concisely, but with specificity, each remaining discovery dispute and the parties' respective positions as to each dispute without incorporating by reference any previous written arguments. The Court will determine at that point how to proceed. (kb) |
Filing 161 Reply (titled as Reply in Support of Defendants' Motion for Summary Judgment) to Motion for Summary Judgment #116 . Filed by all defendants. (Attachments: #1 Exhibit 115-Supplemental Affidavit of Tom O'Connor, #2 Attachment 1 to Exhibit 115, #3 Exhibit 116-Affidavit of Greg Garringer, #4 Exhibit 117-Affidavit of Eric Messick) (Sadker, Jacqueline) |
Filing 160 Response to Motion to Compel Production of Documents and Answers to Interrogatories Motion for Extension of Discovery & PTO Deadlines #143 . Filed by all defendants. (Brodeen, Elizabeth) |
Filing 159 Response to Plaintiff's Additional Statement of Material Facts. Filed by T. Armstrong, S. Babb, Cain, Rider, Jean Hill, Max Williams, Mitch Morrow, J. Gilmore, S Franke, T. O'Connor, Sonja Hoyt. (Sadker, Jacqueline) |
Filing 158 Affidavit of Tom O'Connor (titled "Amended Affidavit of Tom O'Connor"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Attachments: #1 Attachment 1-3) (Brodeen, Elizabeth) |
Filing 157 Affidavit of Max Williams (titled "Amended Affidavit of Max Williams"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Brodeen, Elizabeth) |
Filing 156 Affidavit of Sonny Rider (titled "Amended Affidavit of Sonny Rider"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Brodeen, Elizabeth) |
Filing 155 Affidavit of Mitch Morrow (titled "Amended Affidavit of Mitch Morrow"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Brodeen, Elizabeth) |
Filing 154 Affidavit of Judy Gilmore (titled "Amended Affidavit of Judy Gilmore"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Brodeen, Elizabeth) |
Filing 153 Affidavit of Brad Cain (titled "Amended Affidavit of Brad Cain"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Brodeen, Elizabeth) |
Filing 152 Affidavit of Jean Hill (titled "Amended Affidavit of Jean Hill"). Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Attachments: #1 Attachment 1) (Brodeen, Elizabeth) |
Filing 151 Affidavit of Mike Beagen. Filed by all defendants. (Related document(s): Reply to Motion, #150 .) (Attachments: #1 Attachment 1) (Brodeen, Elizabeth) |
Filing 150 Reply (titled "Response to Plaintiff's Motion to Strike") to Motion to Strike Defendants' Submissions in Support of Motion for Summary Judgment #116 #131 . Filed by T. Armstrong, S. Babb, Cain, Rider, Jean Hill, Max Williams, Mitch Morrow, J. Gilmore, S Franke, T. O'Connor, Sonja Hoyt. (Brodeen, Elizabeth) |
Filing 149 ORDER by Judge Anna J. Brown. Granting Defendant's Motion for Extension of Time #147 as follows: Defendant's Reply in support of the Motion for Summary Judgment #131 is due 6/22/2009. Defendant's separate Responses to Plaintiff's Motion to Strike #131 and Plaintiff's Motion to Compel #143 are due by 6/22/2009; no replies will be permitted. All motions will be taken under advise as of 6/22/2009. (sm) |
Filing 148 Affidavit of Jacqueline Sadker in Support of Motion. Filed by all defendants. (Related document(s): Motion for Extension of Time #147 .) (Sadker, Jacqueline) |
Filing 147 Unopposed Motion for Extension of Time. Filed by all defendants. (Sadker, Jacqueline) |
Filing 146 Certificate of Service by Blackie F. Alvarez of Motion to Compel Production of Documents and Answers to Interrogatories Motion for Extension of Discovery & PTO Deadlines #143 and Related Documents Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 145 Declaration of John Schochet in Support of Motion to Compel and to Reopen Discovery. Filed by Blackie F. Alvarez. (Related document(s): Motion to compel, Motion for Extension of Discovery & PTO Deadlines #143 .) (Attachments: #1 Exhibit Exhibits A-D, #2 Exhibit Exhibits E-I) (Schochet, John) |
Filing 144 Memorandum in Support. Filed by Blackie F. Alvarez. (Related document(s): Motion to compel, Motion for Extension of Discovery & PTO Deadlines #143 .) (Schochet, John) |
Filing 143 Motion to Compel Production of Documents and Answers to Interrogatories, Motion for Extension of Discovery & PTO Deadlines. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 142 Notice re Motion for Summary Judgment #116 of Filing Amended Memorandum in Opposition to Motion for Summary Judgment.Filed by Blackie F. Alvarez. (Related document(s): Motion for Summary Judgment #116 .) (Schochet, John) |
Filing 141 Amended Memorandum in Opposition to Motion for Summary Judgment #116 Oral Argument requested. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 140 ORDER by Judge Anna J. Brown. Granting Plaintiff's Motion to File Excess Pages #129 . Memorandum in opposition limited to 48 pages, response to Concise Statement limited to 8 pages. Ordered (sm) |
Filing 139 Certificate of Compliance Certificate of Service. Filed by Blackie F. Alvarez. (Related document(s): Motion for Summary Judgment #116 .) (Schochet, John) |
Filing 138 Motion for Leave Request for Judicial Notice. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 137 Declaration of John Schochet in Support of Plaintiff's Opposition to Defendants' Motion for Summary Judgment. Filed by Blackie F. Alvarez. (Related document(s): Motion for Summary Judgment #116 .) (Attachments: #1 Exhibit Exhibits A-F to Schochet Declaration, #2 Exhibit Exhibit G to Schochet Declaration, #3 Exhibit Exhibit H to Schochet Declaration, #4 Exhibit Exhibits M-O to Schochet Declaration, #5 Exhibit Exhibits P-U to Schochet Declaration, #6 Exhibit Exhibits V-W to Schochet Declaration) (Schochet, John) |
Filing 136 Declaration of James Dionne. Filed by Blackie F. Alvarez. (Related document(s): Motion for Summary Judgment #116 .) (Schochet, John) |
Filing 135 Declaration of Blackie Alvarez in Opposition to Defendants' Motion for Summary Judgment. Filed by Blackie F. Alvarez. (Related document(s): Motion for Summary Judgment #116 .) (Schochet, John) |
Filing 134 Memorandum in Opposition to Motion for Summary Judgment #116 Oral Argument requested. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 133 Response to Concise Statement of Material Facts regarding Motion for Summary Judgment #116 . Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 132 Memorandum in Support of Motion to Strike Defendants' Submissions in Support of Motion for Summary Judgment. Filed by Blackie F. Alvarez. (Related document(s): Motion to Strike #131 .) (Schochet, John) |
Filing 131 Motion to Strike Defendants' Submissions in Support of Motion for Summary Judgment #116 . Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 130 Memorandum in Support of Motion for Leave to File Excess Pages. Filed by Blackie F. Alvarez. (Related document(s): Motion to File Excess Pages #129 .) (Schochet, John) |
Filing 129 Motion to File Excess Pages. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 128 ORDER by Judge Anna J. Brown. Granting Plaintiff's Motion for Extension of Time to File Response/Reply #124 . Plaintiff's Response to Defendant's Motion for Summary Judgment #116 is due by 5/8/2009. Defendant's Reply is due by 5/22/2009. The Motion will be taken under advisement as of 5/22/2009. NO FURTHER EXTENSIONS WILL BE ALLOWED ABSENT EXTRAORDINARY CIRCUMSTANCES AND A HEARING ON ANY SUCH REQUEST. (sm) |
Filing 127 Declaration of Sally Jarvis in Support of Motion for Extension of Time. Filed by Blackie F. Alvarez. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #124 .) (Schochet, John) |
Filing 126 Declaration of John Schochet in Support of Motion for Extension of Time. Filed by Blackie F. Alvarez. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #124 .) (Schochet, John) |
Filing 125 Memorandum in Support of Motion. Filed by Blackie F. Alvarez. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #124 .) (Schochet, John) |
Filing 124 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #116 . Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 123 ORDER by Judge Anna J. Brown. Granting Plaintiff's Motion for Extension of Time to File Response/Reply #120 . Plaintiff's Response to Defendant's Motion for Summary Judgment #116 is due by 4/3/2009. Defendant's Reply is due by 4/17/2009. The Motion for Summary Judgment #116 will be taken under advisement as of 4/17/2009. (sm) |
Filing 122 Declaration of John Schochet. Filed by Blackie F. Alvarez. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #120 .) (Schochet, John) |
Filing 121 Memorandum in Support. Filed by Blackie F. Alvarez. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #120 .) (Schochet, John) |
Filing 120 Unopposed Motion for Extension of Time to File a Response/Reply to Motion for Summary Judgment #116 . Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 119 ORDER by Judge Anna J. Brown. Granting Defendants' Motion for Leave to File a Memorandum Exceeding 35 Pages #114 . (sm) |
Filing 118 Memorandum in Support of Motion for Summary Judgment. Filed by all defendants. (Related document(s): Motion for Summary Judgment #116 .) (Attachments: #1 Exhibit 101-Affidavit of Tom O'Connor, #2 Exhibit 102-Affidavit of Jeff Premo, #3 Attachment 1 thru 5 to Exhibit 102, #4 Exhibit 103-Affidavit of Steve Brabb, #5 Attachment 1 thru 2 to Exhibit 103, #6 Exhibit 104-Affidavit of Brad Cain, #7 Attachment 1 thru 4 to Exhibit 104, #8 Attachment 5 thru 11 to Exhibit 104, #9 Exhibit 105-Declaration of Steve Franke, #10 Attachment 1 to Exhibit 105, #11 Exhibit 106-Excerpts from Deposition of Plaintiff, #12 Exhibit 107-Affidavit of Mike Beagen, #13 Attachment 1 to Exhibit 107, #14 Exhibit 108-Declaration of Christopher M. Grant, #15 Exhibit 109-Affidavit of Tom Armstrong, #16 Attachment 1 thru 3 to Exhibit 109, #17 Exhibit 110-Affidavit of Sonny Rider, #18 Exhibit 111-Affidavit of Max Williams, #19 Exhibit 112-Affidavit of Mitch Morrow, #20 Exhibit 113-Affidavit of Jean Hill, #21 Attachment 1 to Exhibit 113, #22 Exhibit 114-Affidavit of Judy Gilmore) (Sadker, Jacqueline) |
Filing 117 Concise Statement of Material Fact in Support of Defendants' Motion for Summary Judgment. Filed by all defendants. (Related document(s): Motion for Summary Judgment #116 .) (Sadker, Jacqueline) |
Filing 116 Motion for Summary Judgment. Filed by all defendants. (Sadker, Jacqueline) |
Filing 115 Affidavit of Elizabeth C. Brodeen. Filed by all defendants. (Related document(s): Motion to File Excess Pages, #114 .) (Brodeen, Elizabeth) |
Filing 114 Motion to File Excess Pages (titled "Motion for Leave to File a Memorandum Exceeding 35 Pages"). Filed by T. Armstrong, S. Babb, Cain, Rider, Jean Hill, Max Williams, Mitch Morrow, J. Gilmore, S Franke, T. O'Connor, Sonja Hoyt. (Brodeen, Elizabeth) |
Filing 113 MINUTES of Proceedings: Motion Hearing Held. Defendants' Fed. R. Civ. P. 30(A)(2)(B) Motion for Order to Depose Plaintiff #108 is GRANTED subject to further consideration and determination if necessary as indicated. John Schochet present as counsel for plaintiff(s). Jacqueline Sadker, Elizabeth Brooden present as counsel for defendant(s). Court Reporter: Amanda LeGore. Judge Anna J. Brown presiding. (Related document(s): Motion for Order, #108 .) (sm) |
Filing 112 Scheduling Order by Judge Anna J. Brown. Hearing regarding Defendants' Motion for Order to Depose Plaintiff #108 is set for 1/12/2009 at 11:30AM in Telephone before Judge Anna J. Brown. The Court will initiate the call. (sm) |
Appeal Record Returned (two original volumes and expando folders containing original documents #s 33, 44, 45, 60 and 78) returned from the 9th Circuit regarding Notice of Appeal CA 06-35068 #87 . (tomg) |
Filing 111 Memorandum in Support of Motion for Limited Extension of Discovery Cutoff. Filed by Blackie F. Alvarez. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #110 .) (Schochet, John) |
Filing 110 Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 109 Response of Plaintiff Blackie Alvarez to Motion for Order (titled "Defendants' Fed. R. Civ. P. 30(A)(2)(B) Motion for Order to Depose Plaintiff") Motion for Order (titled "Defendants' Fed. R. Civ. P. 30(A)(2)(B) Motion for Order to Depose Plaintiff") #108 . Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 108 Motion for Order (titled "Defendants' Fed. R. Civ. P. 30(A)(2)(B) Motion for Order to Depose Plaintiff"). Filed by T. Armstrong, S. Babb, Cain, Rider, Jean Hill, Max Williams, Mitch Morrow, J. Gilmore, S Franke, T. O'Connor, Sonja Hoyt. (Brodeen, Elizabeth) |
Filing 107 Notice of Unavailability of Counsel for Plaintiff.Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 106 Notice of Association of Attorney Elizabeth C. Brodeen and Jacqueline Sadker for T. Armstrong and S. Babb and Jean Hill and Max Williams and Mitch Morrow and J. Gilmore and S. Franke and T. O'Connor and Sonja Hoyt and Cain and Rider.Filed by all defendants. (Sadker, Jacqueline) |
Filing 105 Scheduling Order by Anna J. Brown. Pursuant to the stipulation of the parties, the Court sets the following case manangement deadlines at this time: Discovery is to be completed by 12/19/2008. Dispositive Motions are due by 2/6/2009. Further deadlines will be set at a later time as appropriate. (sm) |
Filing 104 Stipulation Regarding case schedule and discovery by Blackie F. Alvarez. Filed by Blackie F. Alvarez. (Schochet, John) |
Filing 103 Order regarding Order on Application for special admission pro hac vice #101 for Administrative Correction of the Record. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. This order correctly admits attorney, John B. Schochet, not Curt Hineline, pro hac vice for plaintiff Alvarez. Docket entry #101 is corrected to reflect this order. (ljl) |
Filing 101 Order - Granting Application for Special Admission Pro Hac Vice of John B. Schochet for Blackie F. Alvarez. Application Fee Waived. Signed on 6/19/2008 by Judge Anna J. Brown. (ecp) Modified on 6/23/2008 (Lattz, L.). |
Filing 102 Mail Returned - Undeliverable: Scheduling, 98 sent to Blackie F. Alvarez returned as undeliverable - Inmate has paroled. (ecp) |
Filing 100 Notice of Appearance of Curt Roy Hineline appearing on behalf of Blackie F. Alvarez.Filed by on behalf of Blackie F. Alvarez. (Hineline, Curt) |
Filing 99 Notice of Attorney Substitution:Attorney Jacqueline Sadker is substituted as counsel of record in place of Attorney Kathryn A. Cottrell.Filed by all defendants. (Sadker, Jacqueline) |
Filing 98 Scheduling Order by Anna J. Brown. The Court acknowledges receipt of the Mandate of the 9th Circuit. The parties shall submit their respective proposals for further handling of this matter no later than 6/30/2008. The Court will review those proposals and then either issue a further case management order or schedule as status conference with the parties. (sm) |
Filing 97 MANDATE of USCA for the 9th Circuit re Notice of Appeal CA 06-35068 #87 : The decision of the District Court is AFFIRMED in part, REVERSED in part, and REMANDED. (Attachments: #1 Attachment Opinion#2 Attachment Cost Bill) (tomg) |
Filing 96 Copy of Order from USCA for the 9th Circuit re Notice of Appeal #06-35068 #87 . (Related Document(s): Notice of Appeal, #87 ) (ljl) |
Filing 95 Copy of Order from USCA for the 9th Circuit re Notice of Appeal, #87 . Motion for appointment of counsel is granted. see order. (Related Document(s): Notice of Appeal, #87 ) (ljl, ) |
Filing 94 Copy of Order from USCA for the 9th Circuit re Notice of Appeal, #87 . Appellant Blackie Alvarez has been granted leave to proceed in forma pauperis.see order. (Related Document(s): Notice of Appeal, #87 ) (ljl, ) |
Record on Appeal (entire original file) sent to the 9th Circuit regarding Notice of Appeal CA 06-35068 #87 . (Related Document(s): Notice of Appeal, #87 ) (tomg, ) |
Filing 93 Copy of Order from USCA for the 9th Circuit re Notice of Appeal, #06-35068. #87 . Appellant Alvarez shall complete and file with Court of Appeals the authorization form which directs the prison officials at appellant's institution to assess, collect, and forward to the court the $255 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellant's trust fund account. See order. (Related Document(s): Notice of Appeal, #87 ) (ljl, ) |
Filing 92 Transcript Designation and Order Form regarding Notice of Appeal #87 : No transcripts ordered. Filed by Blackie F. Alvarez. (Related Document(s): Notice of Appeal, #87 ) (tomg, ) |
Filing 91 ORDER by Judge Anna J. Brown. Denying Motion #90 for Transcripts at Government Expense on the grounds that no reported hearings were held. (sm, ) |
Filing 90 Motion for Production of Transcripts at Government Expense. Filed by Blackie F. Alvarez. (ljl, ) |
Filing 89 Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal CA 06-35068 #87 filed by Blackie F. Alvarez on 12/30/05. (Related Document(s): Notice of Appeal, #87 ) (tomg, ) |
Notice confirming Docketing Record on Appeal re Notice of Appeal filed on 12/30/05 #87 Case Appealed to 9th Circuit Case Number 06-35068 assigned. (Related Document(s): Notice of Appeal, #87 ) (ljl, ) |
Filing 88 Copy of Time Schedule Order from USCA for the 9th Circuit re Notice of Appeal, #06-35068, #87 . (Related Document(s): Notice of Appeal, #87 ) (ljl, ) |
Notification of Appeal #87 sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. (Related Document(s): Notice of Appeal, #87 ) (tomg, ) |
Filing 87 Notice of Appeal to the 9th Circuit from Opinion and Order #85 and Judgment #86 entered on 12/15/2005. No fee received. IFP granted on 7/12/2004, see order to Proceed in Forma Pauperis and to Collect Inmate Filing Fee #7 . Filed by Blackie F. Alvarez. (Related Document(s): Judgment #86 , Order on motion for summary judgment, #85 ) (ecp, ) |
Filing 86 Judgment. IT IS ADJUDGED this matter is DISMISSED with prejudice. Signed on 12/14/2005 by Judge Anna J. Brown. (ecp, ) |
Filing 85 OPINION AND ORDER: The Court GRANTS Defendants' Motion for Summary Judgment #45 . The Court also GRANTS Plaintiff's request to dismiss his due process cliams and DISMISSES these claims. Signed on 12/14/05 by Judge Anna J. Brown. (See Opinion and Order 10-pages) (ecp, ) |
Filing 84 RECORD OF ORDER: GRANTING Plaintiff's "Motion for Indigent Appeal Packet for the9th Circuit Court of Appeals" #73 to the extent that the Clerk of the Court is DIRECTED to send Plaintiffinformation on indigent appeals, should such information be available. Ordered by Judge Anna J. Brown. G (ecp, ) |
Filing 83 Reply to Motion for Summary Judgment #45 . Filed by all defendants.(ljl, ) |
Filing 82 ORDER: RECORD OF ORDER: GRANTING Defendants' motion for extension of time (#80) toOctober 19, 2005, to file a reply in support of summary judgment. Defendants' motion for summaryjudgment (#45) shall be taken UNDER ADVISEMENT on October 19, 2005. Ordered by Judge Anna J. Brown. (ljl, ) |
Filing 81 Affidavit of Kathryn A. Cottrell. Filed by all defendants. (ntm, ) |
Filing 80 Motion for Extension of Time. Filed by all defendants. (ntm, ) |
Filing 79 RECORD OF ORDER: Denying as MOOT Plaintiff's Motion for Extension of Time #77 to file a response to Defendants' motion for summary judgment, as the Court received Plaintiff's response on August 29, 2005. Defendants shall have until September 19, 2005, to file a reply, and Defendants' motion for summary #45 shall be taken UNDER ADVISEMENT that date. Ordered by Judge Anna J. Brown. (ecp, ) |
Filing 77 Motion for Extension of Time (15 days) to respond to defendants' motion for summary judgment. Filed by Blackie F. Alvarez. (ecp, ) |
Filing 78 Response to Motion for Summary Judgment #45 (filed as Plaintiff's Reply to Defendants' Summary Judgment, Memorandum of Law). Filed by Blackie F. Alvarez.(ecp, ) (Additional attachment(s) added on 7/17/2015: #1 Doc 78) (alg). |
Filing 76 RECORD OF ORDER: GRANTING Plaintiff's motion for extension of time (#75) to August 31, 2005, to file his response to Defendants' motion for summary judgment. Defendants shall have until September 12, 2005, to file their reply, and Defendants' motion for summary judgment (#45) shall be taken UNDER ADVISEMENT that date. Ordered by Judge Anna J. Brown. (ntm, ) |
Filing 75 Motion for Extension of Time to File a Response to Motion for Summary Judgment #45 . Filed by Blackie F. Alvarez. (ljl, ) |
Filing 74 RECORD OF ORDER: DENYING Plaintiff's Motion for Relief from Judgment or Order #72 . Ordered by Judge Anna J. Brown. (ecp, ) |
Filing 73 Request for Indigent Appeal Packet for the 9th Circuit Court of Appeals. Filed by Blackie F. Alvarez. (ecp, ) |
Filing 72 Motion for Relief From Judgment or Order. Filed by Blackie F. Alvarez. (ecp, ) |
Filing 71 Notice of Change of Address.Filed by Blackie F. Alvarez.(ecp, ) |
Filing 70 ORDER: Ordered by Judge Anna J. Brown. Granting Plaintiff's Motion for Extension of Time to File Response #69 . Response due by 8/16/2005. Reply due by 8/29/2005. Motion taken under advisement as of 8/29/2005. (ljl, ) |
Filing 69 Motion for Extension of Time to File a Response to Motion for Summary Judgment #45 . Filed by Blackie F. Alvarez. (ljl, ) |
Filing 68 ORDER: Ordered by Judge Anna J. Brown. Granting plaintiff's Motion for Extension of Time to File Response/Reply #66 . Plaintiff's Response to Defendants' Motion for Summary Judgment is due by 5/19/2005 #45 ,. Reply due by 5/31/2005 45],. Motion taken under advisement as of 5/31/2005 #45 ,. (ljl, ) |
Filing 67 ORDER: Ordered by Judge Anna J. Brown. DenyingPlaintiff's Motion to Compel #58 . (ljl, ) |
Filing 66 Motion for Extension of Time to File a Response to Motion for Summary Judgment #45 . Filed by Blackie F. Alvarez. (ljl, ) |
Filing 65 Certificate of Service by all defendants re Response to Motion #64 . Filed by all defendants. (ljl, ) |
Filing 64 Response to Plaintiff's Motion to Compel #58 . Filed by all defendants.(ljl, ) |
Filing 63 OPINION AND ORDER: Signed on 3/7/05 by Judge Anna J. Brown. For the reasons in the 8 page opinion and order, the Court Denies Plaintiff's Motion for a Preliminary Injunction and Motion for a Temporary Restraining Order #23 . (ljl, ) |
Filing 62 RECORD OF ORDER: Ordered by Judge Anna J. Brown. Ordered that the Motion for Witness With Documents #43 filed by non-party Richard Harrington is DENIED. Defendants' Motion to Strike Motion for Witness with Documents #50 is DENIED AS MOOT. Plaintiff's motion for extension of time #51 is GRANTED. Response to Defendants'Motion for Summary Judgment is due 4/11/05, reply is due 4/25/50, and motion #45 will be taken under advisement on 4/25/05. Plaintiff's motion for extension of time to complete discovery #53 is DENIED. See order. (ljl, ) Additional attachment(s) added on 3/7/2005 (ljl, ). |
Filing 61 Plaintiff's Reply to Motion for Extension of Time #53 . Filed by Blackie F. Alvarez.(ljl, ) |
Filing 60 Declaration of Blackie F. Alvarez (with exhibits). Filed by Blackie F. Alvarez. (Related document(s): Motion to compel #58 .)(ljl, ) (Additional attachment(s) added on 3/13/2015: #1 doc 60) (dnt). |
Filing 59 Memorandum of Law in Support. Filed by Blackie F. Alvarez. (Related document(s): Motion to compel #58 .)(ljl, ) |
Filing 58 Motion to Compel Disclosrue and for Appropriate Sanctions. Filed by Blackie F. Alvarez. (ljl, ) |
Filing 57 Response to Motion for Extension of Time to File a Response to Motion for Summary Judgment #45 #51 . Filed by all defendants.(md, ) |
Filing 56 Response to Motion for Extension of Time #53 . Filed by all defendants.(md, ) |
Filing 55 Certificate of Service by Blackie F. Alvarez for motion and affidavit in support for extension of discovery. Filed by Blackie F. Alvarez. (md, ) |
Filing 54 Affidavit of Blackie F. Alvarez in support of motion for extension of time #53 . Filed by Blackie F. Alvarez. (md, ) |
Filing 53 Motion for Extension of Time for discovery. Filed by Blackie F. Alvarez. (md, ) |
Filing 52 Notice of Change of Address.Filed by Blackie F. Alvarez.(ecp, ) |
Filing 51 Motion for Extension of Time to File a Response to Motion for Summary Judgment #45 . Filed by Blackie F. Alvarez. (ljl, ) |
Filing 50 Defendants' Motion to Strike Motion For Witness With Documents #43 . Filed by all defendants. (ecp, ) |
Filing 49 CIVIL MINUTES: Record of Order by Anna J. Brown. CLerk directed to send copies of documents #43 , #44 to Defense counsel. Defendant's Response due by 1/3/2005. (sm, ) |
Filing 48 CIVIL MINUTES: Record of Order by Anna J. Brown. Plaintiff's Response to Defendant's Motion for Summary Judgment #45 due by 1/10/2005. Motion taken under advisement as of 1/21/2005. (sm, ) |
Filing 47 Concise Statement of Material Facts in Support of Defendants' Motion for Summary Judgment. Filed by all defendants. (Related document(s): Motion for Summary Judgment #45 .)(ecp, ) |
Filing 46 Memorandum in Support of Defendants' Motion for Summary Judgment. Filed by all defendants. (Related document(s): Motion for Summary Judgment #45 .)(ecp, ) |
Filing 45 Motion for Summary Judgment. Filed by all defendants. (ecp, ) (Additional attachment(s) added on 7/17/2015: #1 Motion for Summary Judgment) (alg). |
Filing 44 Affidavit of Richard William Harrington, Jr "of Documents for Racial Hate Case Profiing to be Ordered Copy's sent to Plaintiff or Originals Sent to Plaintiff for Copy's and Viewing for Said Trial. Filed by Blackie F. Alvarez. (Related document(s): Motion #43 .)(ljl, ) (Additional attachment(s) added on 7/17/2015: #1 Affidavit) (alg). |
Filing 43 Motion "for Witness with Documents in said Native American Religious Services Litigation; Racial Bias Racial Profiling by siad SRCI Unit Manager as Root Cause of Hate". (Request for copies). Filed by Blackie F. Alvarez. (ljl, ) |
Filing 42 ORDER: Granting Defendants' Motion for Extension of Time #39 to December 8, 2004, for the parties to file dispositive pretrial motions. Ordered by Judge Anna J. Brown. (ecp, ) |
Filing 40 Affidavit of Kathryn Cottrell. Filed by all defendants. (ecp, ) |
Filing 39 Motion for Extension of time to file summary judgment motion up to and including 12/8/2004. Filed by all defendants. (ecp, ) |
Filing 38 Plaintiff's Reply To Defendants Response to Plaintiff's Order to Show Cause and Temporary Restraining Order and Preliminary Injunction. Filed by Blackie F. Alvarez. (Related document(s): Response to Motion #33 .)(ecp, ) |
Filing 37 ORDER: Denying Motion for Appointment of Counsel #29 . Signed on 10/26/04 by Judge Anna J. Brown. (See formal order 3-pages) (ecp, ) |
Filing 41 Record of Order. Plaintiff's Motion for extention of time to file a reply to defendant's response to Plaintiff's motion for temporary restraining order or preliminary injunction is GRANTED. Reply due 12/8/04. Plaintiff's motion for temporary restraining order (#23) shall be taken under advisement on 12/8/04. Signed on 10/15/04 by Judge Anna J. Brown. (ljl, ) |
Filing 36 ORDER: Granting Defendants' Motion for Extension of Time #35 to November 8, 2004, for the parties to file dispositive pretrial motions. Ordered by Judge Anna J. Brown. (ecp, ) |
Filing 35 Motion for Extension of Time with attached Affidavit of Kathryn A. Cottrell. Filed by all defendants. (sm, ) |
Filing 34 Original Signature for the Affidavit of Ron Myers. Filed by all defendants. (Related document(s): Response to Motion #33 .)(ecp, ) |
Filing 33 Response to plaintiff's order to show cause and temporary restraining order. Filed by all defendants.(md, ) (Additional attachment(s) added on 7/17/2015: #1 Response to Plaintiff's Order to Show Cause) (alg). |
Filing 32 ORDER: Granting Defendants' Motion for Extension of Time #30 to October 8, 2004, to respond to Plaintiff's First Request for Production of Documents. Ordered by Judge Anna J. Brown. (ecp, ) |
Filing 31 Affidavit of Kathryn A. Cottrell in Support of Motion. Filed by all defendants. (Related document(s): Motion for Extension of Time #30 .)(ljl, ) |
Filing 30 Motion for Extension of Time to and including 10/8/04 to file a response to plaintiff's First Request for Production of Documents. Filed by all defendants. (ljl, ) |
Filing 29 Motion for Appointment of Counsel. Filed by Blackie F. Alvarez. (ljl, ) |
Filing 28 Memorandum in Support of Original Complaint (filed as Motion). Filed by Blackie F. Alvarez. (Related document(s): Complaint #2 .)(ljl, ) |
Filing 27 AMENDED ORDER: Granting Defendants' Motion for Extension of Time (# 20). Linking deadlines to the appropriate pending motion by plaintiff for temporary restraining order or preliminary injunction (# 23). Defendant's response is due September 24, 2004. Plaintiff shall have until October 25, 2004, to file his reply, and Plaintiff's motion (#23) shall be taken under advisement on that date. Ordered by Judge Anna J. Brown. (Brennan, Laura) |
Filing 26 Exhibits (described as evidence) in Support of Motion for Preliminary InjunctionMotion for Temporary Restraining Order #23 . Filed by Blackie F. Alvarez. (Brennan, Laura) |
Filing 25 Certificate of Service by Blackie F. Alvarez re Declaration, #24 , Motion for Preliminary InjunctionMotion for Temporary Restraining Order #23 . Filed by Blackie F. Alvarez. (Brennan, Laura) |
Filing 24 Declaration of Blackie F. Alvarez In Support of Plaintiff's Motion For A Temporary Restraining Order and Preliminary Injunction. Filed by Blackie F. Alvarez. (Related document(s): Motion for Preliminary Injunction, Motion for Temporary Restraining Order #23 .)(Brennan, Laura) |
Filing 23 Motion for Preliminary Injunction, Motion for Temporary Restraining Order. Filed as "Memorandum of Law in Support of Motion For A TRO and Preliminary Injunction". Filed by Blackie F. Alvarez. (Brennan, Laura) |
Filing 22 ORDER: Granting Defendants' Motion for Extension of Time #20 to September 24, 2004, to file a response to Plaintiff's motion for temporary restraining order or preliminary injunction. Plaintiff shall have until October 25, 2004, to file his reply, and Plaintiff's motion (#7) shall be taken under advisement on that date. Ordered by Judge Anna J. Brown. (Brennan, Laura) |
Filing 21 Affidavit of Kathryn A. Cottrell. Filed by all defendants. (sm, ) |
Filing 20 Motion for Extension of Time. Filed by all defendants. (sm, ) |
Filing 19 Scheduling Order for Civil Rights Actions Filed by Incarcerated Plaintiffs. Summary Judgment Advice Notice and Consent Form. All pretrial, discovery and dispositive motions are due by 10/8/2004. Signed on 8/9/04 by clerk. (ljl, ) |
Filing 18 Answer and Affirmative Defenses to Complaint. Filed by T. Armstrong, S. Babb, Cain, S Franke, J. Gilmore, Jean Hill, Sonja Hoyt, Mitch Morrow, T. O'Connor, Rider, Max Williams.(sm, ) |
Filing 17 Affidavit of Blackie Alvarez. Filed by Blackie F. Alvarez. (ljl, ) |
Filing 16 ORDER: Signed on 7/9/04 by Judge Anna J. Brown. Denying without prejudice Plaintiff's Motion for a Temporary Restraining Order and preliminary injunction #7 . (ljl, ) |
Filing 15 ORDER: Signed on 7/9/04 by Judge Anna J. Brown. Denying Motion for Appointment of Counsel #4 .. (ljl, ) |
Filing 14 Notice of Lawsuit and Request for Waiver of Service of Summons. Waiver of Service due by 8/11/2004. (Attachments: #1 complaint) (ljl, ) |
Filing 13 ORDER to Proceed in Forma Pauperis and to Collect Inmate Filing Fee: Signed on 7/9/04 by Judge Anna J. Brown. Granting Motion for Leave to Proceed in Forma Paupers #1 . (ljl, ) |
Filing 12 ORDER: Ordered by Judge Anna J. Brown. Denying Plaintiff's Motion in Support of Original Complaint #3 and Denying Plaintiff's Motion for Defendants to Produce Documentation #10 . (ljl, ) |
Filing 11 Notice of Case Assignment: This case is assigned to Judge Anna J. Brown. (dmd, ) |
Filing 10 Motion for Defendants to Produce Documentation. Filed by Blackie F. Alvarez. (dmd, ) Modified on 6/30/2004 (dmd, ). |
Filing 9 Declaration of Blackie F. Alvarez. Filed by Blackie F. Alvarez. (Related document(s): Motion for Temporary Restraining Order #7 .)(dmd, ) |
Filing 8 Memorandum in Support. Filed by Blackie F. Alvarez. (Related document(s): Motion for Temporary Restraining Order #7 .)(dmd, ) |
Filing 7 Motion for Temporary Restraining Order and Order to Show Cause. Filed by Blackie F. Alvarez. (dmd, ) |
Filing 6 Affidavit of Blackie F. Alvarez in Support of Motion. Filed by Blackie F. Alvarez. (Related document(s): Motion to Appoint Counsel #4 .)(dmd, ) |
Filing 5 Memorandum in Support. Filed by Blackie F. Alvarez. (Related document(s): Motion to Appoint Counsel #4 .)(dmd, ) |
Filing 4 Motion for Appointment of Counsel. Filed by Blackie F. Alvarez. (dmd, ) |
Filing 3 Motion in Support of Original Complaint. Filed by Blackie F. Alvarez. (dmd, ) |
Filing 2 Complaint (attached exhibits).Filed by Blackie F. Alvarez against T. Armstrong, S. Babb, Cain, S Franke, J. Gilmore, Jean Hill, Sonja Hoyt, Mitch Morrow, T. O'Connor, Rider, Max Williams.(dmd, ) Modified on 6/30/2004 (dmd, ). |
Filing 1 Application for Leave to Proceed IFP. Filed by Blackie F. Alvarez. (dmd, ) |
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