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07-999 - Garcia v. Qwest Communications


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07-999 - Garcia v. Qwest Communications
May 25, 2007
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ORDER granting 3 Motion for Leave to Proceed in forma pauperis without prepayment of costs or fees or the necessity of giving security therefore. Service by waiver or of the summons and complaint shall be at government expense on the defendants by the U. S. Marshal or his authorized representative.The Clerk shall forthwith notify the Plaintiff of the entry of this Order.. Signed by Judge Lawrence O Anderson on 5/21/07.(DMT, )
June 8, 2007
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ORDER, The Clerk of Court shall provide Plaintiff with service packets for service upon Defendant. Plaintiff shall return the completed service packets to the Clerk of Court on or before June 27, 2007 for forwarding to the USMS. Service shall be made on Defendants statutory agent for service of process on or before July 13, 2007 at Government expense by the USMS or his authorized representative pursuant to Rule 4(e)(1) of the Federal Rules of Civil Procedure. Failure to accomplish service within this time period may result in dismissal of Plaintiffs claims for failure to serve pursuant to FED.R.CIV.P. 4(m). Denying without prejudice 7plaintiff's Motion to speak with the judge. Signed by Judge Lawrence O Anderson on 6/8/07.(DMT, )
August 28, 2007
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ORDER that Defendant Qwest Communications shall execute and file no later than September 14, 2007 either a written consent to the exercise of authority by the magistrate judge or a written election to have the case reassigned to a United States district judge. That counsel and any party, if unrepresented, shall hereinafter comply with the Rules of Practice for the United StatesDistrict Court for the District of Arizona, as amended on December 1, 2006.. Signed by Judge Lawrence O Anderson on 8/27/07. (DMT, )
September 20, 2007
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ORDER Scheduling Conference set for 10/23/2007 10:00 AM before Magistrate Judge Lawrence O Anderson.. Signed by Judge Lawrence O Anderson on 9/20/07. (DMT, )
July 22, 2008
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ORDER - IT IS ORDERED that Pla must file a response to Dft's 40 MOTION for Summary Judgment, together with a separate Statement of Facts and supporting affidavits or other appropriate exhibits, no later than Monday, 8/25/08. FURTHER ORDERED that Dft may file a reply no later than Friday, 9/5/08. FURTHER ORDERED that the Motion for Summary Judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge Lawrence O Anderson on 7/22/08. (SAT)
September 2, 2008
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ORDER AND ORDER TO SHOW CAUSE that Pla's Response to Dft's Motion for Summary, docket #44, is STRICKEN for non-compliance with the Local Rules. Pla shall re-file his Response with double-spaced lines by 5:00 p.m. on or before Tuesday,September 16, 2008. The Response shall otherwise also comply with the Local Rules. FURTHER ORDERED that Pla shall file a separate Statement of Facts that complies in all respects with LRCiv 56.1(b)1 and the Local Rules on or before 5:00 p.m., Tuesday, September 16, 2008. FURTHER ORDERED that Pla shall show cause in writing on or before 5:00 p.m., Tuesday, September 16, 2008 why this Court should not sustain Dft's Objection, docket # 39, and enter an order precluding Pla from calling any witnesses other than himself and using any exhibits at trial, if there is one, or in response to Dft's Motion for Summary Judgment for not complying with this Court's October 23, 2007 Order, docket # 34, that Pla disclose his witnesses and exhibits by May 16, 2008. FURTHER ORDERED that Dft shall file a Reply to Pla's re-filed Response to Dft's Motion for Summary and a Reply to Pla's Response to Order to Show Cause on or before 5:00 p.m., Tuesday, September 30, 2008. Show Cause Response due by 9/16/2008.. Signed by Magistrate Judge Lawrence O Anderson on 9/2/08. (Note: See Order for full details)(KMG)
October 3, 2008
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ORDER that Dft Qwest's Rule 26(a)(3), FED.R.CIV.P., Objections, docket # 39, deemed a motion to preclude Pla from calling witnesses and using exhibits in response to Qwest's Motion for Summary Judgment or at trial is GRANTED. Except for true impeachment witnesses and exhibits, Pla is hereby precluded from using or calling (1) any witness other than himself, and (2) any exhibit not previously disclosed to Dft before May 16, 2008 in responding to Dft's Motion for Summary Judgment or at trial. Signed by Magistrate Judge Lawrence O Anderson on 10/2/08. (KMG, )
December 4, 2008
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ORDER re 50 ORDER - On the Court's own motion and realizing that its October 3, 2008 Order was too broad, IT IS ORDERED that amending its October 3, 2008 Order, nunc pro tunc to October 3, 2008, as follows: Except for true impeachment witnesses and exhibits, Pla is hereby precluded from using or calling (1) any witness other than himself, and (2) any exhibit not previously disclosed to Dft before May 16, 2008 in responding to Dft's Motion for Summary Judgment or at trial except for the deposition testimony and exhibits submitted or disclosed in connection with Qwest's Motion for Summary Judgment,docket # 40. Signed by Magistrate Judge Lawrence O Anderson on 12/3/08. (KMG, )
December 4, 2008
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ORDER that Dft Qwest's Motion for Summary Judgment, docket # 40, is GRANTED. The Clerk is hereby directed to enter Judgment in favor of Qwest and terminate this case. Signed by Magistrate Judge Lawrence O Anderson on 12/3/08.(KMG, )