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13-2173 - Fierro # 044803 v. Ryan et al


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13-2173 - Fierro # 044803 v. Ryan et al
August 8, 2014
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REPORT AND RECOMMENDATION that the Court contrue the 28 MOTION for Reconsideration as a MOTION for Leave to Amend and grant the motion, and direct Clerk of Court to file the Second Amended Complaint. Signed by Magistrate Judge Bridget S Bade on 8/8/2014. (See Order for details.)(LFIG)
March 10, 2015
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ORDER that the Magistrate Judge's Report and Recommendation (Doc. 31) is accepted and adopted by the Court. IT IS FURTHER ORDERED that Plaintiff[']s Motion for Reconsideration (Doc. 28), construed as a motion for leave to file a second amended complaint, is granted and the Clerk of the Court is directed to file the Second Amended Complaint attached to Doc. 28. FURTHER ORDERED that Defendants Badilla, Houze, Molera, Pitrowsky, Stephan, Fizer, Quintero, Wiggin, Jackson, Tucker, Ryan, Luen, Morales, Rojas, Malachinski, Pratt, Merchant, Rioochi, Stark, Miller, Espinoza, Anderson, Shruff, Thompson, Brown, Stowell, Greeley, Lacrone, and Theodore are dismissed from this action. FURTHER ORDERED that Count Two of the Second Amended Complaint is dismissed. FURTHER ORDERED that Defendants McCarville, Ochoa, Pruett, Forester, Mcoffy, Smith, Shuster, and Sanders shall respond to Count One of the Second Amended Complaint. FURTHER ORDERED that Defendants Veckcovic and Brower shall respond to Count Three of the Second Amended Complaint. FURTHER ORDERED that Defendants Nash and East shall respond to Count Four of the Second Amended Complaint. IT IS FURTHER ORDERED That the Clerk of Court is directed send Plaintiff a service packetincluding the Second Amended Complaint and this Order, and both summons andrequest for waiver forms for Defendants McCarville, Ochoa, Pruett, Forester, Mcoffy, Smith, Shuster, Sanders, Veckcovic, Brower, Nash, and East. That Plaintiff shall complete and return the service packet to the Clerk of Court within 21 days of the date this Order. Plaintiff is advised that the United States Marshal will not provide service of process if Plaintiff fails to comply with the Court's Order.. Signed by Senior Judge Paul G Rosenblatt on 3/10/2015. (Attachments: # (1) Service packet letter, # (2) Sample and 1st Dft service packet, # (3) 2nd Defendant, # (4) 3rd Defendant, # (5) 4th Defendant, # (6) 5th Defendant, # (7) 6th Defendant, # (8) 7th Defendant, # (9) 8th Defendant, # (10) 9th Defendant, # (11) 10th Defendant, # (12) 11th Defendant, # (13) 12th Defendant)(KMG)
February 25, 2016
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on 02/25/2016. (ATD)REPORT AND RECOMMENDATION, recommending that the Court dismiss Plaintiffs claims against Defendant East without prejudice for failure to serve pursuant to Fed. R. Civ. P. 4(m), re: 46 Amended Complaint. Signed by Magistrate Judge Bridget S Bade
May 3, 2016
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ORDER that the Magistrate Judge's 248 Report and Recommendation is accepted and adopted by the Court. Defendant East is dismissed from this action without prejudice pursuant to Fed.R.Civ.P. 4(m). Signed by Senior Judge Paul G Rosenblatt on 05/03/2016. (ATD)