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14-8141 - Rodrigues v. Ryan et al


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14-8141 - Rodrigues v. Ryan et al
November 17, 2014
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ORDER, Plaintiff's Application to Proceed In Forma Pauperis 2 is granted; thc Complaint 1 is dismissed for failure to state a claim; Plaintiff has 30 days to file a first amended complaint in compliance with this Order; if Plaintiff fails to comply with this order, the Clerk must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. § 1915(g). Signed by Judge David G Campbell on 11/17/14. (REW)
July 21, 2015
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ORDER (Service Packet), Count One is dismissed without prejudice; all Defendants must answer Count Two; the Clerk must send Plaintiff a service packet including the Second Amended Complaint 15, this Order, and both summons and request for waiver forms for Defendants; Plaintiff must complete and return the service packet to the Clerk within 21 days; this matter is referred to Magistrate Judge Eileen S Willett for all pretrial proceedings. Signed by Judge David G Campbell on 7/20/15. (REW)
January 13, 2016
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ORDER - IT IS ORDERED granting Defendants Ryan and Diaz's Motion to Permit Supplemental Briefing on Defendants' Opposition to Plaintiff's Request for Preliminary Injunction and Temporary Restraining Order (Doc. 31). Defendants Ryan and Diaz shall file their supplemental briefing no later than January 25, 2016. IT IS FURTHER ORDERED denying "Plaintiffs' [sic] Motion to Strike Defendant(s) Opposition to Request for Preliminary Injunction and TRO" (Doc. 41). IT IS FURTHER ORDERED taking no action on "Plaintiff's Notice of Default Service by Mail of Defendant Ryan and Diaz Motion to Dismiss" (Doc. 39) and "Plaintiff's Notice of Siezure [sic] of Trial Preparation Material" (Doc. 38). IT IS FURTHER ORDERED denying Plaintiff's Motion for Appointment of Counsel (Docs. 47, 48). IT IS FURTHER ORDERED denying Plaintiff's Motion for Court Appointed Expert (Docs. 49, 50). IT IS FURTHER ORDERED denying Plaintiff's Motion for Reconsideration (Doc. 62). (See document for further details). Signed by Magistrate Judge Eileen S Willett on 1/13/16. (LAD)
March 14, 2016
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ORDER: granting Defendants Ryan and Diaz' Motion to Seal 84; directing the Clerk to file under seal the proposed "Exhibit 2 Attachments A-E" 86 to Defendants Ryan and Diaz' Supplemental Response 85; granting Defendants' Motion to Strike 87; striking Plaintiff's Notice Motion In Support Of Preliminary Injunction And Request For TRO 82; granting Plaintiff's Motion for Extension of Deadline for Naming Expert Witnesses 81 and Defendants' Request for Extension of Deadline For Making Expert Disclosures 94; Plaintiff file his expert disclosure 60 days from the date of the Court's ruling on the pending Motion to Dismiss, should any claim survive; Defendants shall file their expert disclosures 90 days from the filing of the Court' ruling, should any claim survive. Signed by Magistrate Judge Eileen S Willett on 3/11/16. (REW)
April 4, 2016
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ORDER - "Plaintiff's 21 Motion for Preliminary Injunction and Emergency Temporary Restraining Order" is denied for lack of jurisdiction. "Defendants Ryan and Diaz's Rule 12 (b)(6) 29 Motion to Dismiss Plaintiff's Second Amended Complaint" is denied as moot. "Defendants' 66 Motion to Dismiss Plaintiff's Second Amended Complaint" is granted in part and denied in part as set forth in this Order. Plaintiff's Eighth Amendment deliberate indifference claims against Defendant Marquardt and his ADA claims against all Defendants are dismissed. The remaining claims in this action are Plaintiff's Eighth Amendment deliberate indifference claims against Defendants Rider, Diaz, and Ryan. Signed by Judge David G Campbell on 04/04/2016. (ATD)
August 26, 2016
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ORDER denying Plaintiff's "Rule 15(d) Motion for Leave to Supplement Original Pleading" (Doc. 139); granting Plaintiff leave to file a motion to supplement the Second Amended Complaint (Doc. 15) pursuant to Federal Rule of Civil Procedure Rule 15(d) no later than September 9, 2016. If Plaintiff chooses to file the motion, Plaintiff shall attach to the motion a proposed supplemental pleading that contains only claims arising after April 20, 2015; denying Plaintiff's "Motion to Compel Discovery" (Doc. 130); and granting Defendants' "Expedited Motion to Quash Plaintiff's Twenty-Two Subpoenas to Third Parties" (Doc. 161). Signed by Magistrate Judge Eileen S Willett on 8/26/16.(KGM)
September 7, 2016
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ORDER that the reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion for Preliminary Injunction (Doc. 129), and the Motion is denied. Signed by Judge David G Campbell on 9/6/16.(KGM)
November 1, 2016
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STAT. § 12-349. (Docs. 182, 189, 191); granting Plaintiff's "Motion to Amend Motion to Stay Defendants' Request for Summary Judgment" (Doc. 176); directing the Clerk of Court to file Plaintiff's lodged "Amended Motion to Stay Defendants' Request for Summary Judgment" (Doc. 177); and denying Plaintiff's "Amended Motion to Stay Defendants' Request for Summary Judgment" (lodged at Doc. 177). Plaintiff's "Motion to Stay Defendants' Request for Summary Judgment" (Doc. 170) is denied as moot. IT IS FURTHER ORDERED granting Plaintiff's "Motion for Extention [sic] of Time to File Answer to Request for Summary Judgment" (Doc. 184). Plaintiff's Responses (Docs. 192-193) are deemed timely filed. Signed by Magistrate Judge Eileen S Willett on 10/31/16.(KGM) *Modified to correct text on 11/1/2016 (KGM).*ORDER denying Plaintiff's "Motion to Supplement Second Amended Complaint" (Doc. 174); denying Plaintiff's "Motion to Strike..." (Doc. 186); denying Defendants' request for attorney fees pursuant to ARIZ. REV.
February 28, 2017
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ORDER: The reference to the Magistrate Judge is withdrawn as to Defendants'Motion for Summary Judgment (Doc. 166). Defendants' Motion for Summary Judgment (Doc. 166) is granted, and the action is terminated with prejudice. The Clerk of Court must enter judgment accordingly. Signed by Judge David G Campbell on 2/27/17.(EJA)