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14-402 - Benge v. Ryan et al


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14-402 - Benge v. Ryan et al
July 8, 2014
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ORDER (Service Packet) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $7.49. The claims against Defendant Mahler in Count Two are dismissed without prejudice. Defendants Jane Doe Ryan, Jane Doe Pratt, Jane Doe Tucker, and Arizona Department of Corrections are dismissed without prejudice. Defendants Ryan, Pratt, Wexford, Merchant, and Mahler must answer Count One of the Complaint and Defendants Ryan, Pratt, Corizon, and Tucker must answer Count Two of the Complaint. The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. 1), this Order, and both summons and request for waiver forms for Defendants Ryan, Pratt, Wexford, Merchant, Mahler, Corizon, and Tucker. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. The referral judge on this case is randomly reassigned to Magistrate Judge Bridget S. Bade. All future filings must be captioned: CV 14-0402-PHX-DGC (BSB). This matter is referred to Magistrate Judge Bridget S. Bade pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). Signed by Judge David G Campbell on 7/8/2014. (KMG)
February 24, 2015
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ORDER The reference to the Magistrate Judge is withdrawn as to Plaintiff'sMotions "Requesting Preliminary Injunction and a Temporary Restraining Order" (Docs. 12 and 16) and Plaintiff's "Motion Requesting Appointment of Expert Witness to Assist/Preliminary Injunction and Temporary Restraining Order Hearing" (Doc. 39). Plaintiff's Motions "Requesting Preliminary Injunction and a Temporary Restraining Order" (Docs. 12 and 16) are denied. Plaintiff's Motion Requesting Appointment of Expert Witness to Assist/Preliminary Injunction and Temporary Restraining Order Hearing (Doc. 39) is denied. Signed by Judge David G Campbell on 2/23/2015.(KMG)
January 5, 2016
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ORDER The reference to the Magistrate Judge is withdrawn as to Defendants Tucker, Mahler and Corizon's motion for summary judgment (Doc. 64); Defendant Wexford's motion for summary judgment (Doc. 88); Defendant Merchant's motion for summary judgment (Doc. 96); Defendants Ryan, Pratt, and Santo's motion for summary judgment (Doc. 119); and Plaintiff's motion to supplement his response to Defendants Tucker, Mahler, and Corizon's motion for summary judgment (Doc. 124). Plaintiff's motion to reopen discovery and file an amended complaint(Doc. 146) is denied. Plaintiff's motion to supplement his response to Defendants Tucker, Mahler, and Corizon's motion for summary judgment (Doc. 124) is denied. Defendants Tucker, Mahler, and Corizon's motion for summary judgment (Doc. 64) is granted in part and denied in part. The motion is granted as to Defendants Mahler and Corizon and denied as to Defendant Tucker. Defendant Wexford's motion for summary judgment (Doc. 88) is granted. Defendant Merchant's motion for summary judgment (Doc. 96) is denied. Defendants Ryan, Pratt, and Santo's motion for summary judgment (Doc. 119) is granted in part and denied in part. The motion is granted as to Defendants Ryan and Pratt and denied as to Defendant Santo. Corizon, Wexford, Mahler, Ryan, and Pratt are dismissed as Defendants. The remaining claims are Count I against Defendants Santo and Merchant and Count II against Defendant Tucker. The Court will set a final pretrial conference by separate order. Signed by Judge David G Campbell on 1/5/2016.(KMG)
August 11, 2016
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ORDER that a status conference will be held in this case on August 18, 2016 at 2:00 p.m. before The Honorable David G. Campbell, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Courtroom 603, Phoenix, Arizona 85003. Signed by Judge David G Campbell on 8/11/2016. (KMG)
February 14, 2017
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ORDER that the reference to the Magistrate Judge is withdrawn and Defendants' Joint Motion to Enforce Settlement Agreement (Doc. 204) is granted. All claims against Defendant Merchant are dismissed with prejudice. Merchant shall pay Plaintiff $8,500.00 within 30 days of this order. Plaintiff has released all existing and potential claims against Merchant arising between July 1, 2012 and March 3, 2013, each party shall bear its own attorneys' fees and costs, there is no admission of liability or wrongdoing by either party, and Plaintiff's claim against Merchant does not relate to or arise from medical malpractice. All claims against Defendant Santo are dismissed with prejudice. The State of Arizona, on behalf of Santo, shall pay Plaintiff $7,500.00 within 30 days of this order. Plaintiff has released Santo and the State of Arizona from the claims asserted against them in this litigation. The parties shall bear their own attorneys' fees and costs, and there is no admission of liability or wrongdoing by either party. Pursuant to the Court's November 1, 2016 order (Doc. 200), Defendant Tucker is dismissed with prejudice. Judgement is entered in accordance with this order and the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 2/14/17.(KGM)