Case: Conn v. City of Reno

City of Reno v. Conn

Supreme Court of the United States

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

MISCELLANEOUS DOCUMENT civil cover sheet (Entered: 11/04/2005)

COMPLAINT and jury demand (Entered: 11/04/2005)

MOTION TO DISMISS mtn for partial S/J against Ds-Ashton and Robertson (Entered: 11/04/2005)

CERTIFICATE OF SERVICE obo P. (Entered: 11/04/2005)

SUMMONS ISSUED as to D-City of Reno (Entered: 11/04/2005)

SUMMONS ISSUED as to D-David Robertson (Entered: 11/04/2005)

SUMMONS ISSUED as to D-Ryan Ashton (Entered: 11/04/2005)

SUMMONS Returned Executed by Plaintiff Charla Conn, Defendant City of Reno. City of Reno served on 11/18/2005. (WJ, ) (Entered: 12/05/2005)

SUMMONS Returned Executed by Plaintiff Charla Conn, Defendant David Robertson. David Robertson served on 11/9/2005. (WJ, ) (Entered: 12/05/2005)

SUMMONS Returned Executed by Plaintiff Charla Conn, Defendant Ryan Ashton. Ryan Ashton served on 11/9/2005. (WJ, ) (Entered: 12/05/2005)

STIPULATION - DPSO by Defendants Ryan Ashton, City of Reno, David Robertson. (JAR, ) (Entered: 11/22/2005)

STIPULATION - to ext time for Ds to file answr or responsive pldg and to oppose S/J by Defendants Ryan Ashton, City of Reno, David Robertson, Plaintiff Charla Conn. (JAR, ) (Entered: 11/22/2005)

SCHEDULING ORDER pursuant to Stipulated Discovery Plan and Sscheduling Order; Discovery Cut-Off: May 20, 2006; Dispositive Motions: June 19, 2006; Joint Pretrial Order: July 19, 2006.Signed by Judge Robert A. McQuaid Jr. on 11/30/05. (HJ, ) (Entered: 11/30/2005)

ORDER ON STIPULATION re 9 Stipulation to Extend Time for Defendants to File Answer or Responsive Pleading and to Oppose Summary Judgment Motion; Defendants have to and including December 12, 2005, in which to file an Answer or responsive pleading; Defendants have to and including March 24, 2006, in which to file their Opposition to Plaintiffs' Motion for Partial Summary Judgment. Signed by Judge Robert A. McQuaid Jr. on 11/30/2005. (HJ, ) (Entered: 11/30/2005)

MOTION to Dismiss by Defendants Ryan Ashton, City of Reno, David Robertson. Responses due by 12/30/2005. (JMA) (Entered: 12/12/2005)

1ST AMENDED COMPLAINT against Ryan Ashton, City of Reno, David Robertson, filed by Charla Conn.(WJ, ) (Entered: 12/15/2005)

Submission of PROPOSED stipulation ofr P to resopnd to D's motion to dism (1st req) filed by Plaintiff Charla Conn. (WJ, ) (Entered: 12/22/2005)

MINUTE ORDER IN CHAMBERS of the Honorable Howard D. McKibben, U.S. District Judge on 12/23/2005. By Deputy Clerk: Michael Large. The Stipulation for extension of time 17 is GRANTED. Plaintiff shall have until 2/20/06 to file an opposition to 15 Defendants' Motion to Dismiss. Responses due by 2/20/2006. (AF, ) (Entered: 12/23/2005)

RESPONSE to 15 MOTION to Dismiss; filed by Plaintiff Charla Conn. Replies due by 3/7/2006. (Keyser-Cooper, Terri) (Entered: 02/21/2006)

NOTICE by Defendants Ryan Ashton, City of Reno, David Robertson of Change of Responsible Attorney (Skau, Creighton) (Entered: 03/02/2006)

REPLY to Response to 15 MOTION to Dismiss; filed by Defendants Ryan Ashton, City of Reno, David Robertson. (Skau, Creighton) (Entered: 03/03/2006)

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Charla Conn First Amended Proposal; Withdrawal of Plaintiffs' Motion for Partial Summary Judgment; Proposed Order. (Vaillancourt, Diane) (Entered: 03/20/2006)

AMENDED SCHEDULING ORDER re 22 First Amended Stipulated Discovery Plan & Scheduling Order; Withdrawal of Plaintiffs' Motion for Partial Summary Judgment. Discovery due by 7/31/2006. Motions due by 8/30/2006. Signed by Judge Robert A. McQuaid Jr. (HJ, ) (Entered: 03/20/2006)

NOTICE of Trial Setting:Jury Trial set for 2/6/2007 at 9:00 AM (two-week stacked calendar) in Reno Courtroom 4 before Judge Howard D. McKibben. The deadline to schedule a settlement conference is 8/30/2006. The magistrate judge shall conduct the settlement conference at a convenient time prior to trial (no image attached)(BS, ) (Entered: 03/28/2006)

ORDER denying 15 Motion to Dismiss, see ord for spec. Signed by Judge Howard D. McKibben on 3/28/06. (JAR, ) (Entered: 03/29/2006)

MINUTE ORDER IN CHAMBERS of the Honorable Howard D. McKibben, U.S. District Judge on 3/30/2006. By Deputy Clerk: Bette Stewart. Pursuant to the approved stipulation of the parties 23 withdrawing plaintiff's motion for partial summary judgment 3, the briefing schedule for the motion for partial summary judgment set forth in the order 25 is vacated. (no image attached) (BS, ) (Entered: 03/30/2006)

NOTICE of Trial Setting: Upon agreement of the parties, the Jury Trial set for 2/6/2007 is continued to 3/20/2007 at 09:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. (no image attached)(BS, ) (Entered: 03/30/2006)

First ANSWER to 16 Amended Complaint by Defendants Ryan Ashton, City of Reno, David Robertson.(Campbell, Jack) (Entered: 04/17/2006)

EX PARTE DOCUMENT Application for Order Declaring Charla Conn the "Next of Kin" for the Purpose of Obtaining Mental Health Records for her Deceased Mother Brenda Clustka; Order filed by Plaintiff Charla Conn. (Keyser-Cooper, Terri) (Entered: 04/25/2006)

ORDER re 29 Ex Parte Application for Order Declaring Charla Conn the "Next of Kin" for the Purpose of Obtaining Mental Health Records for Her Deceased Mother Brenda Clustka filed by Charla Conn. Signed by Judge Robert A. McQuaid Jr. on 4/25/2006. (HJ, ) (Entered: 04/25/2006)

STIPULATION Second Amended Stipulated Discovery Plan; Proposed Order by Plaintiff Charla Conn. (Keyser-Cooper, Terri) (Entered: 05/11/2006)

AMENDED SCHEDULING ORDER re 31 Second Amended Stipulated Discovery Plan and Scheduling Order. Discovery due by 7/31/2006. Motions due by 8/30/2006. Proposed Joint Pretrial Order due by 9/29/2006. See order for further details. Signed by Judge Robert A. McQuaid Jr. on 5/11/2006. (HJ, ) (Entered: 05/11/2006)

MINUTE ORDER IN CHAMBERS of the Honorable Robert A. McQuaid Jr., U.S. Magistrate Judge on 6/7/2006. By Deputy Clerk: GMM. A Discovery hearing is set on the Court's calendar for Tuesday, June 13, 2006 at 10:00 a.m.(no image attached) (GMM, ) (Entered: 06/07/2006)

SUPPLEMENT re 33 Minute Order, ; Matters ToBe Addressed At Discovery Hearing by Plaintiff Charla Conn. (Keyser-Cooper, Terri) (Entered: 06/08/2006)

MINUTES OF PROCEEDINGS - Discovery Hearing held on 6/13/2006 before Judge Robert A. McQuaid Jr.. Crtrm Administrator: GMM; Pla Counsel: Terri Keyser-Cooper; Def Counsel: Jack Campbell; Court Reporter/FTR #: FTR; Time of Hearing: 9:53 a.m. to 10:31:23 a.m.. The Court addresses the parties and advises them that he has reviewed Ms. Keyser-Cooper's filing regarding this hearing and ensures that Mr. Campbell has seen the filing. The parties present their respective arguments to the Court. The Court finds that while the probable cause form is discoverable, that form not being a form in Defendants' control, Plaintiff will need to obtain it elsewhere. The Court orders that a protective order regarding the IA reports will be submitted for review and approval and thereafter, those requested reports will be provided to Plaintiff's counsel. The Court further orders that, in light of Mr. Campbell's assurances that the forty (40) named witnesses are not going to be called upon to testify, Plaintiff's request for the evidence is Denied as moot. There being nothing further, the Court adjourns.(no image attached) (GMM, ) (Entered: 06/14/2006)

STIPULATION re Protective Order; Proposed Order by Plaintiffs Charla Conn, Dustin Conn. (Vaillancourt, Diane) (Entered: 06/15/2006)

ORDER ON STIPULATION re 36 Stipulated Protective Order. Signed by Judge Robert A. McQuaid Jr. on 6/19/2006. (HJ, ) (Entered: 06/19/2006)

MOTION to Compel MOTION TO COMPEL TESTIMONY AND REQUEST FOR SANCTIONS, EXPEDITED HEARING REQUESTED; EXHIBITS 1 AND 2 by Plaintiff Charla Conn. Responses due by 7/9/2006. (Keyser-Cooper, Terri) (Entered: 06/21/2006)

MINUTE ORDER IN CHAMBERS of the Honorable Robert A. McQuaid Jr., U.S. Magistrate Judge on 6/27/2006. RE: 38 MOTION to Compel MOTION TO COMPEL TESTIMONY AND REQUEST FOR SANCTIONS, EXPEDITED HEARING REQUESTED; EXHIBITS 1 AND 2 filed by Charla Conn, Motion Hearing set for 7/27/2006 09:00 AM in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid Jr. The parties have been telephonically notified.(no image attached) (GMM, ) (Entered: 06/27/2006)

RESPONSE to 38 MOTION to Compel MOTION TO COMPEL TESTIMONY AND REQUEST FOR SANCTIONS, EXPEDITED HEARING REQUESTED; EXHIBITS 1 AND 2; filed by Defendants Ryan Ashton, City of Reno, David Robertson. Opposition to Motion to Compell Testimony and Requests for Sanctions Replies due by 7/13/2006. (Attachments: # 1)(Campbell, Jack) (Entered: 06/29/2006)

REPLY to Response to 38 MOTION to Compel MOTION TO COMPEL TESTIMONY AND REQUEST FOR SANCTIONS, EXPEDITED HEARING REQUESTED; EXHIBITS 1 AND 2; filed by Plaintiff Charla Conn. (Keyser-Cooper, Terri) (Entered: 07/06/2006)

STATEMENT of Plaintiffs re Further Matters to Address at Hearing of July 27, 2006, before The Honorable Robert A. McQuaid, Jr. re 39 Minute Order Setting Hearing on Motion, ; by Plaintiffs Charla Conn, Dustin Conn. (Vaillancourt, Diane) (Entered: 07/24/2006)

MINUTES OF PROCEEDINGS - Motion Hearing held on 7/27/2006 before Magistrate Judge Robert A. McQuaid Jr. Crtrm Administrator: Rosemary Damron; Pla Counsel: Diane Vaillancourt, via phone; Def Counsel: Jack Campbell; Court Reporter/FTR: FTR 8:55 a.m. - 9:36 a.m.; Time of Hearing: 8:55 a.m.. RE: 38 MOTION to Compel MOTION TO COMPEL TESTIMONY AND REQUEST FOR SANCTIONS, EXPEDITED HEARING REQUESTED; EXHIBITS 1 AND 2 filed by Charla Conn, is granted in part and denied in part. See attached minutes. (RD) (Entered: 07/27/2006)

Submission of PROPOSED ORDER on 43 Motion Hearing,, ; filed by Plaintiffs Charla Conn, Dustin Conn. (Attachments: # 1 Proposed Order Revised Protective Order Pursuant to the Court's Instructions)(Vaillancourt, Diane) (Entered: 08/01/2006)

PROTECTIVE ORDER TO PROTECT CONFIDENTIALITY OF CERTAIN MATERIALS re 44 . Signed by Judge Robert A. McQuaid Jr. on 8/1/2006. (HJ, ) (Entered: 08/01/2006)

MINUTE ORDER IN CHAMBERS of the Honorable Robert A. McQuaid Jr., U.S. Magistrate Judge on 8/1/2006. By Deputy Clerk: GMM. A Discovery Hearing is set on the Court's calendar for Tuesday, August 1, 2006 at 1:30 p.m. The parties have been telephonically notified. (no image attached) (GMM, ) (Entered: 08/01/2006)

EX PARTE DOCUMENT to 43 Motion Hearing,, ; Renewed Motion to Compel Production of Evidence Underlying Arrests Pursuant Filed Pursuant to Court's Invitation, Exhibits 1-3 filed by Plaintiffs Charla Conn, Dustin Conn. (Vaillancourt, Diane) (Entered: 08/01/2006)

MINUTES OF PROCEEDINGS - Discovery Hearing held on 8/1/2006 before Judge Robert A. McQuaid Jr.. Crtrm Administrator: GMM; Pla Counsel: Diane Vaillancourt; Def Counsel: Jack Campbell; Court Reporter/FTR #: FTR #1:30 p.m. to 1:43 p.m.; Time of Hearing: 1:30 p.m.. The Court addresses the parties and explains the purpose of this hearing is at Ms. Vaillancourt's request and it is about her concern of not having the appropriate documents necessary to complete the doctors' depositions scheduled for Monday, August 7, 2006. The parties present their respective arguments to the Court. The Court advises counsel that one of the inherent problems of attending depositions by telephone is not being able to view documents that are presented for the first time at the deposition and that decision should not prejudice the attending parties by making them wait for the document(s) in question to be faxed and reviewed. The Court will not order that counsel for Defendants comply with this request. The Court advises the parties that Plaintiffs' counsel has just this day filed a Renewed Motion to Compel Production of Evidence Supporting Plaintiff?s Arrest of March 19, 2005 47 and, although Defendants have not yet had a chance to review the Motion, the Court GRANTS it. Defendants' counsel advises the Court that he and Ms. Vaillancourt had just discussed this issue, that he was unaware that a motion had been filed and that he has already contacted the appropriate person to ascertain if the photographs exist and, if so, will provide same to Plaintiffs. The Court further orders that if there are no photographs, an affidavit of the custodian of such evidence stating there are no photographs will be filed. Ms. Vaillancourt again asks for Dr. Chappell's report that at the last hearing Mr. Campbell had agreed to provide. Mr. Campbell advises the Court that although he was given two weeks within which to comply with that request, he will provide the information as soon as it is prepared. Ms. Vaillancourt inquires as to the Court's availability on Monday, August 7, 2006 in case problems arise at the depositions. The Court advises the parties that he will be available. There being nothing further, the Court adjourns.(no image attached) (GMM, ) (Entered: 08/01/2006)

MOTION for Summary Judgment by Defendants Ryan Ashton, City of Reno, David Robertson. Responses due by 9/16/2006. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Campbell, Jack) (Entered: 08/29/2006)

ORDER Scheduling Settlement Conference: Settlement Conference set for 10/23/2006 09:00 AM in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid Jr.. The settlement conference statements shall be received in RAM chambers, Room 405, not later than 4:00 pm on 10/19/06. Signed by Judge Robert A. McQuaid Jr. on 9/13/06. (WJ, ) (Entered: 09/15/2006)

ORDER STRIKING FILED DOCUMENT(S); P has filed an oppo brief exceeding the page limit; Pleading 51 is stricken; P shl hv 15 dys frm the dt of this ord to file a pleading complying with the rule; in addition P has filed the oppo pldg and nearly 400 pgs as exhibits under seal w/o obtaining leave of crt. Parties shl hv 15 dys to show cause why those docs should not be unsealed, see ord for spec. Signed by Judge Howard D. McKibben on 9/22/06. (JAR, ) (Entered: 09/22/2006)

RESPONSE to 49 MOTION for Summary Judgment; filed by Plaintiffs Charla Conn, Dustin Conn. Replies due by 10/9/2006. (Attachments: # 1 Certificate of Service # 2 Index of Exhibits# 3 Exhibit 1-4# 4 Exhibit 5-8# 5 Exhibit 9-11# 6 Exhibit 12-14# 7 Exhibit 15-17# 8 Exhibit 18-21# 9 Exhibit 24-26)(Vaillancourt, Diane) (Entered: 09/25/2006)

MOTION to Extend Time regarding dispositive matter Request for Extension of Time to Reply by Defendants Ryan Ashton, City of Reno, David Robertson. (Campbell, Jack) (Entered: 09/25/2006)

ORDER: D's mtn for extn 55 is granted. Ds shall have until 10/20/06, to file a reply to P's opposition. Signed by Judge Howard D. McKibben on 9/26/06. (WJ, ) (Entered: 09/27/2006)

NOTICE of Hearing: A Telephonic Status Conference is scheduled for Thursday, 10/19/2006 at 11:00 a.m. in Reno Courtroom 2 before Magistrate Judge Robert A. McQuaid, Jr. The courtroom deputy, Gina Mugnaini, shall initiate the conference call. At least two days in advance of the hearing, counsel shall notify Ms. Mugnaini of the numbers where they may be reached for the conference call. IT IS SO ORDERED.(no image attached)(RD) (Entered: 10/10/2006)

REPLY to Response to 49 MOTION for Summary Judgment; filed by Defendants Ryan Ashton, City of Reno, David Robertson. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Campbell, Jack) (Entered: 10/13/2006)

MINUTES OF PROCEEDINGS - Status Conference held on 10/19/2006 before Judge Robert A. McQuaid Jr.. Crtrm Administrator: GMM; Pla Counsel: Terri Keyser-Cooper; Def Counsel: Jack Campbell; Court Reporter/FTR #: FTR # 11:00 a.m. to 11:04 am; Time of Hearing: 11:00 a.m.. The Court addresses the parties and explains the purpose of this hearing is to determine whether or not there is any real interest in having the scheduled settlement conference. Mr. Campbell advises the Court that defendants wish to proceed to trial in this matter and that any settlement offer would be minimal. In light of this information, the Court orders that the Settlement Conference set for Monday, October 23, 2006 at 9:00 a.m is therefore VACATED. There being nothing further, the Court adjourns.(no image attached) (GMM, ) (Entered: 10/19/2006)

NOTICE of Change of Address by Terri Keyser-Cooper. (Keyser-Cooper, Terri) (Entered: 01/02/2007)

NOTICE: The jury trial set for March 20, 2007 is vacated and shall be reset at an appropriate time following decision on the pending dispositive motion(s). (no image attached)(BS, ) (Entered: 01/25/2007)

ORDER granting 49 Motion for Summary Judgment. Clerk is directed to enter judgment in favor of the defendants and against the plaintiffs. See order for spec. Signed by Judge Howard D. McKibben on 3/8/07. (JW ) (Entered: 03/08/2007)

JUDGMENT in favor of Defendants against Plaintiffs. Signed by Clerk Lance S Wilson on 3/8/07. (JW ) (Entered: 03/08/2007)

BILL OF COSTS by Defendants Ryan Ashton, City of Reno, David Robertson. Tax or object to Bill of Costs by 3/27/2007. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Campbell, Jack) (Entered: 03/12/2007)

OBJECTION to 64 Bill of Costs; and Request for Diminished Award; Exh 1 & 2 filed by Plaintiffs Charla Conn, Dustin Conn. (Vaillancourt, Diane) (Entered: 03/25/2007)

NOTICE OF APPEAL as to 62 Order on Motion for Summary Judgment, 63 Judgment by Plaintiffs Charla Conn, Dustin Conn. Filing fee $ 455, receipt number 528095. (Attachments: # 1 Ninth Circuit Docketing Statement# 2 Statement of Representation# 3 Order Appealed From# 4 Judgment Appealed From)(Vaillancourt, Diane) (Entered: 04/03/2007)

TRANSMITTAL of Notice of Appeal and Docket Sheet to US Court of Appeals re 66 Notice of Appeal,. (DRM, ) (Entered: 04/04/2007)

TRANSMITTAL RETURN of Notice of Appeal from USCA re 66 Notice of Appeal. USCA Case Number 07-15572. (JW ) (Entered: 04/12/2007)

USCA ORDER for Time Schedule as to 66 Notice of Appeal (JW ) (Entered: 04/12/2007)

CLERK'S MEMORANDUM REGARDING TAXATION OF COSTS re 64 Bill of Costs. Total Amount Allowed: $5,178.65. (JW ) (Entered: 05/02/2007)

COSTS TAXED in amount of $ $5,178.65 against Charla Conn, et al.. (JW ) (Entered: 05/02/2007)

ORDER of USCA as to 66 Notice of Appeal: SETTING ASSESMENT CONFERENCE, telephonic June 11, 2007 at 10:00 am Pacific time.(DRM, ) (Entered: 05/11/2007)

MOTION for Re-Taxation of Costs (70] [71) by Plaintiffs Charla Conn, Dustin Conn. Responses due by 6/1/2007. (Vaillancourt, Diane) Modified on 5/15/2007 to correct link. (BLG). (Entered: 05/14/2007)

VACATED PER # 152 ORDER : ORDER : ORDERED the 73 MOTION for Re-Taxation of Costs is administratively closed and may be reopened upon the filing of any notice of remititur in this action. Signed by Judge Howard D. McKibben on 6/7/2007. See ord for spec. (DRM, ) Modified on 9/19/2012 to denote VACATED (DRM). (Entered: 06/07/2007)

ORDER of USCA as to 66 Notice of Appeal, scheduling time to file answering brief. (DRM) (Entered: 09/05/2007)

OPINION of USCA dtd 7/24/2009 as to 66 Notice of Appeal. USDC REVERSED AND REMANDED. USCA Case #07-15572. (PM) (Entered: 07/27/2009)

ORDER of USCA as to 66 Notice of Appeal, filed by Charla Conn, Dustin Conn. USCA Case Number 07-15572. Plaintiffs-Appellants shall file a response to Defendants-Appellees' petition for rehearing en banc. (KO) (Entered: 08/14/2009)

ORDER of USCA dtd 1/14/2010 as to 66 Notice of Appeal. Appellee's motion for extension of time to file a motion to stay mandate, until 1/22/2010, is GRANTED. USCA case #07-15572 . (DRM) (Entered: 01/14/2010)

ORDER of USCA dtd 1/27/2010 as to 66 Notice of Appeal (USCA Case Number 07-15572). Appellee's motion for a 90-day stay of the issuance of the mandate pending application for writ of certiorari is granted. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court. (PM) (Entered: 01/27/2010)

ORDER of USCA dtd 3/17/2010 as to 66 Notice of Appeal. The mandate is stayed until May 8, 2010 pending the Appellees filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court. USCA case #07-15572 .(DRM) (Entered: 03/17/2010)

NOTICE - Letter from USSC Clerk to USCA Clerk dtd 3/22/2010 extending time within which petition for cert may be filed to May 7, 2010. USSC Application No. 09A882. USCA case #07-15572 . (DRM) (Entered: 03/26/2010)

NOTICE - Letter from USSC Clerk to USCA Clerk dated 04/04/2011. The petition for a writ of certiorari is GRANTED. The judgment is vacated, and the case is REMANDED to the USCA, Ninth Circuit, for further consideration in light of Connick v. Thompson, 563 U.S. ____ (2011). The judgment or mandate of the USSC will not issue for at least twenty-five days pursuant to Rule 45. Should a petition for rehearing be filed timely, the judgment or mandate will be further stayed pending this Court's action on the petition for rehearing. USCA Case No. 07-15572. re 66 Notice of Appeal. (MLC) (Entered: 04/05/2011)

ORDER of USCA, Ninth Circuit, dtd 4/22/2011 as to 66 Notice of Appeal. Supplemental briefing set. USCA case 07-15572 . (DRM) (Entered: 04/25/2011)

ORDER of USCA, Ninth Circuit as to 66 Notice of Appeal. USCA Case Number 07-15572. Appellants' unopposed motion for an extension of time until 5/20/2011 to file a supplemental brief is GRANTED. Supplemental briefs from both parties will now be due on 5/20/2011. (MLC) (Entered: 04/29/2011)

ORDER of USSC dtd 5/6/2011 granting petition of writ of certiorari; vacating judgment; and remanding to 9th Circuit for further consideration in the light of Connick v. Thompson, 563 U.S. ___ (2011) re USCA Case 07-15572. USSC Case No. 09-1361. (DRM) (Main Document 85 replaced on 5/9/2011) (DRM). Modified on 5/9/2011 to correct USCA case no. and to bold case no. text(DRM). (Entered: 05/09/2011)

ORDER of USCA, Ninth Circuit dtd 9/6/2011, as to 66 Notice of Appeal (USCA Case No. 07-15572). USCA orders that the USDC's decision is AFFIRMED in part, REVERSED in part, and REMANDED. (PM) (Entered: 09/08/2011)

USCA ORDER dtd 9/12/0211. Costs taxed in amount of $ 574.30 against Appellees Ashton and Robertson only. USCA case 07-15572 . (DRM) (Entered: 09/12/2011)

ORDER of USCA, Ninth Circuit, as to 66 Notice of Appeal (USCA Case No. 07-15572). Appellants' unopposed motion to transfer consideration of attorneys' fees to the district court is hereby GRANTED. (KO) (Entered: 10/13/2011)

ORDER of USCA, Ninth Circuit, as to 66 Notice of Appeal. USCA Case Number 07-15572. The petition for rehearing en banc is DENIED. (MLC) (Entered: 10/14/2011)

MANDATE of USCA, Ninth Circuit, dtd 10/24/2011 as to 86 USCA Order Affirming in part and Reversing in part re USCA Case 07-15572. Costs awarded to the appellant in the amount of $574.30. (DRM) (Entered: 10/25/2011)

ORDER on 90 USCA Mandate. Signed by Judge Howard D. McKibben on 10/25/2011. (DRM) (Entered: 10/25/2011)

MINUTE ORDER IN CHAMBERS of The Honorable Judge Howard D. McKibben on 10/25/2011. By Deputy Clerk: Paris Rich. IT IS ORDERED, a Status Conference is set for Wednesday, 11/2/2011 at 10:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 10/25/2011)

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 10/26/2011. IT IS ORDERED that this case is reassigned to Magistrate Judge William G. Cobb for all further pretrial proceedings within his jurisdiction. Magistrate Judge Robert A McQuaid, Jr. no longer assigned to case. All further documents must bear the correct case number 3:05-cv-595-HDM-WGC. (no image attached) (Copies have been distributed pursuant to the NEF - BLG) (Entered: 10/26/2011)

MINUTES OF PROCEEDINGS - Status Conference held on 11/2/2011 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Pla Counsel: Terry Keyser-Cooper and Diane Vaillancourt (telephonically); Def Counsel: Jack Campbell; Court Reporter: Kathryn French; Time of Hearing: 9:55 AM to 10:03 AM; Courtroom: 4; Counsel are present as indicated. The Court and counsel confer regarding a Trial setting in this matter. IT IS ORDERED, Jury Trial is set for Monday, 3/5/2012 at 9:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. Calendar Call is set for Wednesday, 2/22/2012 at 9:30 AM in Reno Courtroom 4 before Judge Howard D. McKibben. Proposed Jury Instructions and Proposed Voir Dire shall be due by Monday, 2/27/2012. At the request of the parties, IT IS FURTHER ORDERED, this matter is referred to U.S. Magistrate Judge William Cobb for purposes of a Settlement Conference to be set at a date and time convenient to the Court and counsel. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) Modified on 11/2/2011 (PR). (Entered: 11/02/2011)

NOTICE of Association of Counsel by Diane K. Vaillancourt on behalf of Plaintiffs Charla Conn, Dustin Conn. Notice of Association of Peter C. Wetherall, Esq. (Vaillancourt, Diane) (Entered: 11/07/2011)

STIPULATION to Vacate Settlement Conference: Order by Defendants Ryan Ashton, David Robertson. (Campbell, Jack) (Entered: 11/08/2011)

ORDER APPROVING 96 STIPULATION TO VACATE SETTLEMENT CONFERENCE. The parties jointly request that the order for settlement conference be VACATED. IT IS SO ORDERED. Signed by Judge Howard D. McKibben on 11/8/2011. (Copies have been distributed pursuant to the NEF - PM) (Entered: 11/08/2011)

MOTION/REQUEST for order re conflicting costs awards and plaintiffs experts testify at trial via video conferencing NOTICE by Plaintiff Charla Conn COMBINED: (1) REQUEST FOR ORDER RE CONFLICTING COSTS AWARDS; AND (2) REQUEST TO HAVE PLAINTIFFS EXPERTS TESTIFY AT TRIAL VIA VIDEO CONFERENCING (Attachments: # 1 Exhibit Exhibits 1-6)(Keyser-Cooper, Terri) Modified on 12/15/2011 to activate motion. (BLG). (Entered: 12/14/2011)

NOTICE of Docket Correction to 98 Notice event changed to reflect MOTION rather than notice 98 NOTICE by Plaintiff Charla Conn COMBINED: (1) REQUEST FOR ORDER RE CONFLICTING COSTS AWARDS; AND (2) REQUEST TO HAVE PLAINTIFFS EXPERTS TESTIFY AT TRIAL VIA VIDEO CONFERENCING (Attachments: # 1 Exhibit Exhibits 1-6)(Keyser-Cooper, Terri). If you have any questions please contact Quality Control at 775-686-5707. (no image attached)(BLG)

First MOTION to Expedite EMERGENCY REQUEST FOR EXPEDITED HEARING RE: COMBINED (1) REQUEST FOR ORDER RE CONFLICTING COSTS AWARDS; AND (2) REQUEST TO HAVE PLAINTIFFS EXPERTS TESTIFY AT TRIAL VIA VIDEO CONFERENCING by Plaintiff Charla Conn. Motion ripe 12/16/2011. (Keyser-Cooper, Terri) (Entered: 12/16/2011)

MINUTE ORDER IN CHAMBERS of The Honorable Judge Howard D. McKibben on 12/16/2011. By Deputy Clerk: Paris Rich. IT IS ORDERED, Motion Hearing Re: 99 Emergency Request for Expedited Hearing is set for Tuesday, 12/20/2011 at 10:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 12/16/2011)

MOTION for Leave to File Amended Expert Disclosure by Defendants Ryan Ashton, David Robertson. Motion ripe 12/19/2011. (Attachments: # 1 Exhibit)(Campbell, Jack) (Entered: 12/19/2011)