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08-1222 - Austin v. Arizona, State of, et al


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08-1222 - Austin v. Arizona, State of, et al
July 16, 2008
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awrence O Anderson on 7/16/08. (SAT)NOTICE OF ASSIGNMENT AND ORDER - IT IS ORDERED that the Dfts shall each file on or before 8/5/08 their written elections to either consent to magistrate judge jurisdiction or elect to proceed before a United States district judge. Pla's Response to Dft's 5 MOTION to Dismiss shall be filed no later than8/5/08. Dfts' Reply shall be filed no later than 8/25/08. FURTHER ORDERED that cnsl and any party, if unrepresented, shall hereinafter comply with the Rules of Practice for the United States District Court for the District of Arizona, as amended on 12/1/07. FURTHER ORDERED that cnsl and any party, if unrepresented, shall use the above caption, number and initials until further order of the Court. Signed by Magistrate Judge L
August 7, 2008
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ORDER that Defendants shall file their Reply to Plaintiffs Response to 5 by Monday, August 18, 2008.That all counsel shall hereinafter comply with the Rules of Practice for the United States District Court for the District of Arizona, as amended on December 1, 2007. That counsel shall use the following case number and initials on all future pleadings and documents filed herein, to wit: No. CV- 08-1222-PHX-LOA. Signed by Magistrate Judge Lawrence O Anderson on 8/6/08. (DMT, )
September 22, 2008
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ORDER - IT IS ORDERED that Dfts' 5 Motion to Dismiss, is GRANTED solely as to (1) Pla's ยง 1983 claims alleged in Counts Three and Four against the Dft State of Arizona and Dfts Michael Branham and Kellie Warren in their official capacities as State employees, and (2) Dft Arizona Dept of Juvenile Corrections without leave to amend. FURTHER ORDERED that Dfts' 5 Motion to Dismiss, is GRANTED as to Pla's remaining claims with leave to file an Amended Complaint by 10/6/08be dismissed against her pursuant to Rule 4(m), FED.R.CIV.P.. Signed by Magistrate Judge Lawrence O Anderson on 9/22/08. (SAT). Failure to file an Amended Complaint by this deadline shall result in the denial of leave to amend ab initio by operation of law and the Clerk is hereby directed to enter Jgm in favor of Dfts and terminate this case. FURTHER ORDERED that Pla's alleged service of process on Dft Kellie Warren is hereby QUASHED. Absent good cause shown and if an Amended Complaint is timely filed, Pla shall properly serve Dft Kellie Warren with the Amended Complaint on or before 10/31/08 or this lawsuit may
October 22, 2008
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ORDER - Upon 18 Stipulation of the parties, IT IS HEREBY ORDERED remanding this action back to the Maricopa County Superior Court. Signed by Magistrate Judge Lawrence O Anderson on 10/21/08. (Attachments: # (1) Remand Letter)(SAT)