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15-2514 - Gause #162805 v. Indy et al


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15-2514 - Gause #162805 v. Indy et al
June 7, 2016
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ORDER denying 21 Plaintiff's "Request to be Appointed Counsel" and denying as moot 22 Plaintiff's "Extension on time frames of Discovery". IT IS FURTHER ORDERED directing the Clerk to strike Plaintiff's May 27, 2016 filing at (Doc. 23, docketed as "Notice re: Discovery Request." IT IS FURTHER ORDERED granting to the extent set forth herein Plaintiff's filing at (Doc. 24, docketed as "Motion for Copy of Discovery Response." The Clerk is directed to mail Plaintiff a copy of (Doc. 20. IT IS FURTHER ORDERED that by June 20, 2016, Plaintiff shall show cause why Defendants East and Dentist Doe should not be dismissed without prejudice from this action for failure to serve. Signed by Magistrate Judge Eileen S Willett on 6/6/16. (Attachments: # (1) Document 20)(LSP)
June 14, 2016
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ORDERED extending the time to serve Defendants Dentist Doe and East to August 10, 2016. ORDERED directing the Clerk of Court to mail Plaintiff a service packet for Defendant Dentist Doe. FURTHER ORDERED that by June 17, 2016, counsel for Defendants shall jointly file under seal Defendant East's last known address and shall provide the Court with any available information on whether Defendant East is deceased. Signed by Magistrate Judge Eileen S Willett on 6/13/16. (Attachments: # (1) Service Packet Letter, # (2) Service Packet)(EJA)
September 1, 2016
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ORDER - IT IS ORDERED striking Plaintiff's discovery motions filed at Docs. 36, 44, 56, 70, and 89. IT IS FURTHER ORDERED striking Plaintiff's discovery requests filed at Docs. 26, 45, 66, 69, 90, and 92 and discovery responses filed at Docs. 20 and 46. IT IS FURTHER ORDERED granting Plaintiff's "Motion to have Defendants provide Marshalls [sic] [with] Home Address of Defendant Dentist Doe" (Doc. 35). IT IS FURTHER ORDERED that by September 14, 2016, counsel for Defendant Utterbeck shall file under seal the last known address for Defendant Dentist Doe, identified by Plaintiff as Laura Hale. Upon receipt of the address for Defendant Hale, the Clerk of Court shall complete and forward to the USMS a service packet for Defendant Hale. Service shall be made within sixty days of the date of this order at Government expense by the United States Marshal or his authorized representative in accordance with the Court's January 21, 2016 Order (Doc. [9)]. Failure to accomplish service within this time period may result in dismissal of Plaintiff's claims against Defendant Hale for failure to serve pursuant to Rule 4(m). IT IS FURTHER ORDERED denying Plaintiff's "Motion Substituting Defendant Laura Hale cause she can not be found to be served" (Doc. 101). IT IS FURTHER ORDERED denying Plaintiff's "Amended Motion to Substitute Deceased Defendant Aaron East" (Doc. 67). IT IS FURTHER ORDERED striking Plaintiff's duplicative "Amended Motion to Substitute Deceased Defendant Aaron East" (Doc. 68). IT IS FURTHER ORDERED striking Plaintiff's "Addendum to First Amended Complaint" (Doc. 64). IT IS FURTHER ORDERED that by September 6, 2016, Defendant Utterbeck shall respond to Plaintiff's "Motion Requesting leave to make 2nd Amendment to Complaint" (Doc. 88). Plaintiff may file a reply within seven days after service of the response. Plaintiff may file a reply to Defendants Ende and Rojas' Response (Doc. 104) no later than September 12, 2016. IT IS FURTHER ORDERED striking Plaintiff's duplicative "Motion for Access to Typewriter (Doc. 50). The fully briefed Motion (Doc. 49) is deemed a request for injunctive relief and is referred to the District Judge. IT IS FURTHER ORDERED directing the Clerk of Court to amend the docket to reflect that Plaintiff's "Qualified Disability for Motion for a Typewriter" (Doc. 57) is a reply to Defendants' Response (Doc. 51) to Plaintiff's "Motion for Access to Typewriter" (Doc. 49). IT IS FURTHER ORDERED denying Plaintiff's "Reminder to Courts, asking to rule on older motions yet to be ruled on" (Doc. 100). IT IS FURTHER ORDERED denying Plaintiff's "Request to Strike Defendants response to Substitute Deceased Defendant East and responses to Addendum" (Doc. 102). IT IS FURTHER ORDERED striking Plaintiff's "Notices" (Docs. 71-74, 78, 80, 91, 95, and 99.) IT IS FURTHER ORDERED that Plaintiff shall not file duplicative motions in this matter. IT IS FURTHER ORDERED referring Plaintiff's fully briefed "Emergency Injunction" (Doc. 58) to the District Judge. Signed by Magistrate Judge Eileen S Willett on 9/1/16. (LAD)
September 29, 2016
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ORDER denying 88 Plaintiff's "Motion Requesting Leave to make 2nd Amendment to complaint." ORDERED granting Defendants Ende and Rojas' "Motion for Leave to File Sur-Reply to Plaintiff's Second Motion to Amend (Doc. 88)" (Doc. 118). The sur-reply lodged (Doc. 118-1 at 2-9) is deemed filed and has been considered. ORDERED denying Plaintiff's "Motion Requesting to be appointed counsel" (Doc. 106). ORDERED directing the Clerk of Court to strike Plaintiff's "Addittional [sic] Discovery Disclosure" (Doc. 108). ORDERED directing the Clerk of Court to strike Plaintiff's "Notice of Service of Complaint filed on Defendant Ende with Arizona Board of Nursing...." (Doc. 111). ORDERED denying Plaintiff's "Motion Requesting Courts Rule in my favor due to Defendants Refusing to comply with repeated Court Orders" (Doc. 115). If Plaintiff intended to file a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56, Plaintiff must timely re-file his Motion in compliance with the procedural requirements. Clerk of Court is directed to amend the docket to remove the indication that Plaintiff's Motion (Doc. 115) is a motion for summary judgment. ORDERED that by October 7, 2016, Defendants Ende and Rojas shall respond to Plaintiff's September 20, 2016 filing (Doc. 120). See document for further details. Signed by Magistrate Judge Eileen S Willett on 9/28/16.(EJA)
September 30, 2016
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ORDER striking Plaintiff's 123 "Discovery Production." FURTHER ORDERED denying 124 "Motion Ordering Production." FURTHER ORDERED granting Plaintiff's 125 "Motion Requesting that Discovery deadline be extended past October 14th 2016." Discovery due by 10/28/2016. Dispositive motions due by 12/28/2016. The Court's denial of Plaintiff's 88 "Motion Requesting Leave to make 2nd Amendment to complaint" is affirmed. (Doc. 122 at 8). Signed by Magistrate Judge Eileen S Willett on 9/30/2016. (ATD)