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1
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COMPLAINT against Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. Case assigned to Judge Mariana R. Pfaelzer for all further proceedings. Discovery referred to Magistrate Judge David T. Bristow.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff David Bryant. (et) (ds). (Entered: 01/14/2011)
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Jan. 7, 2011
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Jan. 7, 2011
Clearinghouse
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2
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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff David Bryant. (et) (ds). (Entered: 01/14/2011)
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Jan. 7, 2011
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Jan. 7, 2011
PACER
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3
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NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Deborah Golden for Plaintiff David Bryant. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 01/14/2011)
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Jan. 7, 2011
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Jan. 7, 2011
PACER
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4
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NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Matthew S. Fitzwater for Plaintiff David Bryant. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 01/14/2011)
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Jan. 7, 2011
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Jan. 7, 2011
PACER
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5
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NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to Timothea G.P. Letson for Plaintiff David Bryant. Your Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $275.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application; no filing fee is required. (et) (Entered: 01/14/2011)
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Jan. 7, 2011
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Jan. 7, 2011
PACER
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6
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ORDER RETURNING CASE FOR REASSIGNMENT by Judge Mariana R. Pfaelzer. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Mariana R. Pfaelzer to Judge Christina A. Snyder for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 11-00254 CAS(DTBx). (rn) (Entered: 01/14/2011)
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Jan. 14, 2011
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Jan. 14, 2011
RECAP
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7
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APPLICATION for attorney Matthew S. Fitzwater to Appear Pro Hac Vice (PHV FEE PAID.) filed by plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Culver, Rory) Modified on 2/17/2011 (gk). (Entered: 02/04/2011)
1 Proposed Order
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Feb. 4, 2011
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Feb. 4, 2011
PACER
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8
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APPLICATION for attorney Timothea G.P. Letson to Appear Pro Hac Vice (PHV FEE PAID.) filed by plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Culver, Rory) Modified on 2/17/2011 (gk). (Entered: 02/04/2011)
1 Proposed Order
View on PACER
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Feb. 4, 2011
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Feb. 4, 2011
PACER
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9
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NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Filing Fee Due (PHV), Notice of Filing Fee Due (PHV), Notice of Filing Fee Due (PHV) 4, Notice of Filing Fee Due (PHV), Notice of Filing Fee Due (PHV), Notice of Filing Fee Due (PHV) 5, Notice of Filing Fee Due (PHV), Notice of Filing Fee Due (PHV), Notice of Filing Fee Due (PHV) 3 . The case title does not match the case number on the Notice of Filing Fee Due. The correct case title should be David Bryant vs. United States Bureau of Prisons. (et) (Entered: 02/08/2011)
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Feb. 8, 2011
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Feb. 8, 2011
RECAP
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10
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NOTICE OF CLERICAL ERROR: Due to clerical error Re: Returning Case for Reassignment w/i division (CV 89) 6, An incorrect case number, district and magistrate judge's initials were indicated in the document. The correct case number, district and magistrate judge's initials is CV 11-00254 CAS(DTBx). An amended "Order Returning Case For Reassignment" is attached to this Notice. (Attachments: # 1 Amended Order) (rn) (Entered: 02/10/2011)
1 Amended Order
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Feb. 10, 2011
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Feb. 10, 2011
PACER
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15
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NOTICE TO COUNSEL by Judge Christina A. Snyder. This case has been assigned to the calendar of Judge Christina A. Snyder. *See order for procedures and requirements.* (vdr) (Entered: 02/11/2011)
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Feb. 10, 2011
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Feb. 10, 2011
PACER
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11
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PROOF OF SERVICE Executed by Plaintiff David Bryant, upon Defendant United States Bureau of Prisons served on 1/12/2011, answer due 3/13/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Patricia Myles, Legal Assistant. Executed upon the Attorney Generals Office of the United States by delivering a copy to Eric H. Holder, Jr., Attorney General, U.S. Department of Justice. Executed upon the officer agency or corporation by delivering a copy to Harley G. Lappin, Director of U.S. Bureau of Prisons. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Paris, Adam) (Entered: 02/11/2011)
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Feb. 11, 2011
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Feb. 11, 2011
PACER
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12
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PROOF OF SERVICE Executed by Plaintiff David Bryant, upon Defendant Harley G. Lappin served on 1/12/2011, answer due 3/13/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Patricia Myles, Legal Assistant. Executed upon the Attorney Generals Office of the United States by delivering a copy to Eric H. Holder, Jr., Attorney General, U.S. Department of Justice. Executed upon the officer agency or corporation by delivering a copy to Harley G. Lappin, Director of U.S. Prisons. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Paris, Adam) (Entered: 02/11/2011)
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Feb. 11, 2011
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Feb. 11, 2011
PACER
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13
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PROOF OF SERVICE Executed by Plaintiff David Bryant, upon Defendant Robert E. MCFadden served on 1/12/2011, answer due 3/13/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Patricia Myles, Legal Assistant. Executed upon the Attorney Generals Office of the United States by delivering a copy to Eric H. Holder, Jr., Attorney General, U.S. Department of Justice. Executed upon the officer agency or corporation by delivering a copy to Harley G. Lappin, Director of U.S. Bureau of Prisons. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Paris, Adam) (Entered: 02/11/2011)
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Feb. 11, 2011
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Feb. 11, 2011
PACER
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14
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PROOF OF SERVICE Executed by Plaintiff David Bryant, upon Defendant Francisco J. Quintana served on 1/12/2011, answer due 3/13/2011. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Patricia Myles, Legal Assistant. Executed upon the Attorney Generals Office of the United States by delivering a copy to Eric H. Holder, Jr., Attorney General, U.S. Department of Justice. Executed upon the officer agency or corporation by delivering a copy to Harley G. Lappin, Director of U.S. Bureau of Prisons. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Paris, Adam) (Entered: 02/11/2011)
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Feb. 11, 2011
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Feb. 11, 2011
PACER
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16
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ORDER by Judge Christina A. Snyder: granting 7 Application to Appear Pro Hac Vice by Attorney Matthew S. Fitzwater on behalf of David Bryant, designating Adam S. Paris as local counsel. (lt) (Entered: 02/23/2011)
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Feb. 22, 2011
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Feb. 22, 2011
PACER
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17
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ORDER by Judge Christina A. Snyder: granting 8 Application to Appear Pro Hac Vice by Attorney Timothea G.P. Letson on behalf of David Bryant, designating Adam S. Paris as local counsel. (lt) (Entered: 02/23/2011)
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Feb. 22, 2011
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Feb. 22, 2011
PACER
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18
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STIPULATION for Extension of Time to File Answer to April 28, 2011 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Attachments: # 1 Proposed Order)(Miller, Monica) (Entered: 03/14/2011)
1 Proposed Order
View on PACER
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March 14, 2011
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March 14, 2011
PACER
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19
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NOTICE of Change of Attorney Information for attorney Chung Hae Han counsel for Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. Changing e-mail to chung.han@usdoj.gov. Adding Chung H. Han as attorney as counsel of record for Defendants U.S. BOP; Harley G. Lappin, Director of the U.S. BOP; Robert McFadden, Regional Director of the U.S. BOP; and Francisco J. Quintana, Warden for the reason indicated in the G-06 Notice. Filed by Defendants U.S. BOP; Harley G. Lappin, Director of the U.S. BOP; Robert McFadden, Regional Director of the U.S. BOP; and Francisco J. Quintana, Warden (Han, Chung) (Entered: 03/14/2011)
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March 14, 2011
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March 14, 2011
RECAP
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20
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ORDER by Judge Christina A. Snyder, re Stipulation to Extend Time to Answer 18 . All Defendants have up to and including 4/28/2011 to answer or otherwise respond to the Complaint. (vdr) (Entered: 03/15/2011)
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March 15, 2011
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March 15, 2011
RECAP
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21
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Second STIPULATION for Extension of Time to File Answer to 5/31/2011 re Complaint - (Discovery), Complaint - (Discovery) 1, Order, Order Extending Answer Due Deadline 20 filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Attachments: # 1 Proposed Order)(Han, Chung) (Entered: 04/15/2011)
1 Proposed Order
View on PACER
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April 15, 2011
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April 15, 2011
PACER
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22
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ORDER APPROVING SECOND STIPULATION 21 TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by Judge Christina A. Snyder. Defendants shall have up to and including 5/31/2011, to file their response. (vdr) (Entered: 04/18/2011)
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April 18, 2011
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April 18, 2011
PACER
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23
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NOTICE OF MOTION AND MOTION to Dismiss Case ;Memorandum of Points and Authorities; and Declarations of Mina Raskin, Corinne M. Nastro and Francisco J. Quintana in Support Thereof filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. Motion set for hearing on 7/11/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss)(Han, Chung) (Entered: 05/31/2011)
1 Proposed Order Granting Defendants' Motion to Dismiss
View on PACER
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May 31, 2011
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May 31, 2011
PACER
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24
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NOTICE OF MOTION AND Amended MOTION to Dismiss Case ; Memorandum of Points and Authorities; Declarations of Mina Raskin, Corinne M. Nastro ancisco and Francisco J. Quintanta filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. Motion set for hearing on 7/11/2011 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Dismiss)(Han, Chung) (Entered: 05/31/2011)
1 Proposed Order Granting Defendants' Motion to Dismiss
View on PACER
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May 31, 2011
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May 31, 2011
PACER
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25
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants' Amended Notice of Motion and Motion to Dismiss filed 5/31/2011 24 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents - Amendment (Motion related). Filer used the Motions - Dismiss Case event, and created a duplicative motion entry for hearing on 7/11/2011. Clerk has removed this amended filing from the judge's calendar. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 06/09/2011)
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June 8, 2011
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June 8, 2011
PACER
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26
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APPLICATION for attorney Andrew E. Gelfand to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8802421 paid.) filed by Plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Culver, Rory) (Entered: 06/15/2011)
1 Proposed Order
View on PACER
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June 15, 2011
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June 15, 2011
PACER
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27
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APPLICATION for attorney Deborah M. Golden to Appear Pro Hac Vice(PHV Fee of $275 receipt number 0973-8802665 paid.) filed by Plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Culver, Rory) (Entered: 06/15/2011)
1 Proposed Order
View on PACER
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June 15, 2011
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June 15, 2011
PACER
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28
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ORDER by Judge Christina A. Snyder: granting 27 Application to Appear Pro Hac Vice by Attorney Deborah M. Golden on behalf of David Bryant, designating Adam S. Paris as local counsel. (lt) (Entered: 06/20/2011)
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June 16, 2011
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June 16, 2011
PACER
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29
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ORDER by Judge Christina A. Snyder: granting 26 Application to Appear Pro Hac Vice by Attorney Andrew E. Gelfand on behalf of David Bryant, designating Adam S. Paris as local counsel. (lt) (Entered: 06/20/2011)
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June 16, 2011
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June 16, 2011
PACER
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30
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MEMORANDUM in Opposition to Defendants' Motion to Dismiss filed by Plaintiff David Bryant. (Attachments: # 1 Declaration of Deborah M. Golden)(Culver, Rory) (Entered: 06/20/2011)
1 Declaration of Deborah M. Golden
View on PACER
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June 20, 2011
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June 20, 2011
PACER
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31
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REPLY In Support Of MOTION to Dismiss Case ;Memorandum of Points and Authorities; and Declarations of Mina Raskin, Corinne M. Nastro and Francisco J. Quintana in Support Thereof 23 filed by Defendant United States Bureau of Prisons. (Han, Chung) (Entered: 06/27/2011)
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June 27, 2011
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June 27, 2011
PACER
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32
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MINUTES of hearing on Defendant United States Bureau of Prisons' Motion to Dismiss Plaintiff's First Amended Complaint for Violations of the Rehabilitation Act and Violations of the First, Fifth, and Eighth Amendments 23 held before Judge Christina A. Snyder: Defendant's motion to dismiss is GRANTED with respect to plaintiff's first claim. Second, third, fourth, fifth and six claims are STAYED pending exhaustion of the first claim.Court Reporter: Laura Elias. (kpa) (Entered: 07/13/2011)
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July 11, 2011
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July 11, 2011
Clearinghouse
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33
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MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder: IT IS HEREBY ORDERED that this action is hereby removed from this Court's active caseload until further application by the parties or order of this Court.IT IS FURTHER ORDERED that counsel shall file a joint report detailing the status of the case within 60 days and every quarter thereafter until the action has been reactivated on this Court's active caseload or a stipulation for dismissal is filed. (Made JS-6. Case Terminated.) (kpa) (Entered: 07/13/2011)
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July 13, 2011
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July 13, 2011
PACER
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34
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NOTICE OF APPEAL to the 9th CCA filed by Plaintiff David Bryant. Appeal of Order on Motion to Dismiss Case, Motion Hearing,, 32 (Appeal fee FEE NOT PAID.) (Culver, Rory) (Entered: 08/12/2011)
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Aug. 12, 2011
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Aug. 12, 2011
PACER
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35
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FILING FEE LETTER issued as to Plaintiff David Bryant re Notice of Appeal to 9th Circuit Court of Appeals 34 . (dmap) (Entered: 08/15/2011)
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Aug. 15, 2011
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Aug. 15, 2011
PACER
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36
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APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 34 as to Plaintiff David Bryant; Receipt Number: 0973-9075896 in the amount of $455. (dmap) (Entered: 08/16/2011)
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Aug. 16, 2011
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Aug. 16, 2011
PACER
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37
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NOTIFICATION by Circuit Court of Appellate Docket Number 11-56371, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 34 as to Plaintiff David Bryant. (lr) (Entered: 08/17/2011)
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Aug. 16, 2011
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Aug. 16, 2011
PACER
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38
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TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 7/11/2011; Court Reporter: Laura M. Elias; Court of Appeals Case Number: 11-56371; Re: 34 (Culver, Rory) (Entered: 08/23/2011)
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Aug. 23, 2011
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Aug. 23, 2011
PACER
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39
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STATUS REPORT (Revised Joint Status Report) filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Han, Chung) (Entered: 09/12/2011)
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Sept. 12, 2011
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Sept. 12, 2011
PACER
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40
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ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 34 filed by David Bryant CCA # 11-56371. This appeal is dismissed for lack of jurisdiction. Order received in this district on 11/14/2011. (dmap) (Entered: 11/17/2011)
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Nov. 14, 2011
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Nov. 14, 2011
PACER
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41
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MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 34 CCA # 11-56371. The appeal is dismissed for lack of jurisdiction. Mandate received in this district on 12/6/2011. (dmap) (Entered: 12/07/2011)
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Dec. 6, 2011
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Dec. 6, 2011
PACER
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42
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STATUS REPORT (JOINT) filed by Defendant United States Bureau of Prisons. (Han, Chung) (Entered: 12/23/2011)
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Dec. 23, 2011
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Dec. 23, 2011
PACER
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43
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STATUS REPORT Joint Status Report filed by Plaintiff David Bryant. (Paris, Adam) (Entered: 03/30/2012)
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March 30, 2012
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March 30, 2012
RECAP
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44
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STATUS REPORT filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Han, Chung) (Entered: 06/29/2012)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Exhibit G
View on PACER
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June 29, 2012
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June 29, 2012
PACER
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45
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STATUS REPORT filed by Plaintiff David Bryant. (Paris, Adam) (Entered: 06/29/2012)
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June 29, 2012
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June 29, 2012
RECAP
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46
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RESPONSE filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisonsto Status Report, 44, Status Report 45 (Han, Chung) (Entered: 07/18/2012)
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July 18, 2012
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July 18, 2012
PACER
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47
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MINUTE ORDER (IN CHAMBERS)SETTING STATUS CONFERENCE by Judge Christina A. Snyder. The parties shall appear before the Court for a Status Conference on Monday, 8/27/2012 at 11:00 A.M. (ys) (Entered: 07/23/2012)
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July 20, 2012
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July 20, 2012
PACER
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48
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MINUTES OF Status Conference held before Judge Christina A. Snyder: The Court confers with counsel and sets a Further Status Conference on 11/1/2012 12:00 PM before Judge Christina A. Snyder. Counsel are to meet and confer re: resolution of the communications issue prior to the next status conference. Court Reporter: Laura Elias. (gk) (Entered: 08/29/2012)
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Aug. 27, 2012
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Aug. 27, 2012
PACER
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49
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ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge David T Bristow. Settlement Conference is placed on calendar for 10/29/2012 9:30AM. (ad) (Entered: 09/06/2012)
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Sept. 6, 2012
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Sept. 6, 2012
PACER
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50
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STATUS REPORT filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Han, Chung) (Entered: 09/27/2012)
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Sept. 27, 2012
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Sept. 27, 2012
PACER
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51
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MINUTES OF Settlement Conference held before Magistrate Judge David T Bristow: Following consultation with the Court, and after significant discussions between the Court and counsel, the parties were unable to agree upon a settlement. The Court encouraged counsel to continue to work towards a settlement, and offered to assist in any manner necessary. The Court recommended that the parties meet and confer in person within twenty days of todays conference and thereafter may hold any subsequent conferences via telephone. Further, the Court directed counsel to contact the clerk within 10 days of todays date to schedule a second settlement conference in approximately 60 days. Supplemental Confidential Settlement Briefs may be submitted no later than one day prior to the date of the next settlement conference.Court Recorder: RS-4 10-29-12. (am) (Entered: 10/31/2012)
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Oct. 29, 2012
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Oct. 29, 2012
PACER
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53
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MINUTES OF Status Conference held before Judge Christina A. Snyder: The Court confers with counsel and sets a further Status Conference on January 28, 2013 at 1:15 p.m. Court Reporter: Mary Rickey. (im) (Entered: 11/02/2012)
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Nov. 1, 2012
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Nov. 1, 2012
PACER
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52
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T Bristow SECOND Settlement Conference set for 1/16/2013 09:30 AM before Magistrate Judge David T Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY (Entered: 11/02/2012)
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Nov. 2, 2012
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Nov. 2, 2012
PACER
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54
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STATUS REPORT filed by Defendant United States Bureau of Prisons. (Han, Chung) (Entered: 12/21/2012)
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Dec. 21, 2012
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Dec. 21, 2012
PACER
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57
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MINUTES OF SECOND SETTLEMENT CONFERENCE held before Magistrate Judge David T. Bristow: Following consultation with the Court, and after significant discussions between the Court and counsel, the parties were unable to agree upon a settlement, as the Bureau of Prisons (BOP) is continuing to investigate the viability of installing videophone technology at its Tuscon facility. If the government is unable to get a response regarding issue of the video phone, the settlement conference may be continued accordingly. Court Recorder: RS-4 10-29-12. (ad) (Entered: 01/23/2013)
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Jan. 16, 2013
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Jan. 16, 2013
PACER
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55
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STATUS REPORT filed by Plaintiff David Bryant. (Paris, Adam) (Entered: 01/22/2013)
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Jan. 22, 2013
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Jan. 22, 2013
PACER
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56
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Joint STIPULATION to Continue Status Conference from January 28, 2013 to April or May 2013 filed by Plaintiff David Bryant. (Attachments: # 1 Proposed Order Continuing January 28, 2013 Status Conference)(Paris, Adam) (Entered: 01/22/2013)
1 Proposed Order Continuing January 28, 2013 Status Conference
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Jan. 22, 2013
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Jan. 22, 2013
PACER
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58
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ORDER CONTINUING 1/28/2013 STATUS CONFERENCE by Judge Christina A. Snyder: Upon Stipulation 56, IT IS HEREBY ORDERED as follows: The 1/28/2013 status conference in this matter is continued indefinitely and is to be rescheduled for a date in April or May 2013 that is after the parties' next mediation session and that is convenient to the Court. The parties will continue to update the Court in joint status reports filed on a quarterly basis as contemplated by this Court's 7/13/2011 Order. (gk) (Entered: 01/24/2013)
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Jan. 23, 2013
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Jan. 23, 2013
PACER
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59
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Third Settlement Conference set for 5/1/2013 09:30 AM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY (Entered: 01/25/2013)
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Jan. 25, 2013
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Jan. 25, 2013
PACER
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60
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STATUS REPORT JOINT filed by Plaintiff David Bryant. (Paris, Adam) (Entered: 03/26/2013)
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March 26, 2013
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March 26, 2013
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61
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Joint STIPULATION to Reschedule STATUS CONFERENCE FOR MAY 13, 2013 filed by PLAINTIFF David Bryant.(Paris, Adam) (Entered: 04/15/2013)
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April 15, 2013
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April 15, 2013
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62
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MINUTE ORDER (IN CHAMBERS) by Judge Christina A. Snyder. Pursuant to the parties' Joint Stipulation 61 to schedule Status Conference, the Court hereby sets the Status Conference for 5/13/2013 at 11:00 A.M. (ys) (Entered: 04/18/2013)
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April 17, 2013
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April 17, 2013
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63
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow SETTLEMENT CONFERENCE previously scheduled for 5/1/13 9:30 A.M. has been rescheduled. Settlement Conference set for 5/16/2013 09:30 AM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY (Entered: 04/25/2013)
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April 25, 2013
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April 25, 2013
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64
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Joint STIPULATION to Continue STATUS CONFERENCE from 5/13/2013 to 6/03/13 Re: Minutes of In Chambers Order/Directive − no proceeding held, Set/Reset Deadlines/Hearings 62 filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Attachments: # 1 Proposed Order)(Han, Chung) (Entered: 05/03/2013)
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May 3, 2013
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May 3, 2013
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65
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ORDER SCHEDULING JUNE 3, 2013 STATUS CONFERENCE by Judge Christina A. Snyder 64 . The parties shall appear before the Court for a status conference in the above−captioned matter on June 3, 2013 at 11:00 a.m. (im) (Entered: 05/07/2013)
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May 6, 2013
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May 6, 2013
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66
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Conference set for 5/15/2013 10:30 AM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS
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May 14, 2013
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May 14, 2013
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68
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MINUTES OF Status Conference held before Judge Christina A. Snyder: The Court confers with counsel and counsel are still engaging in settlement discussions before Magistrate Judge Bristow. The Court sets a Further Status Conference on 8/12/2013 11:00 AM before Judge Christina A. Snyder. Court Reporter: Laura Elias. (gk) (Entered: 06/04/2013)
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June 3, 2013
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June 3, 2013
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69
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Third Settlement Conference set for 7/15/2013 09:30 AM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY (Entered: 06/17/2013)
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June 17, 2013
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June 17, 2013
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70
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STATUS REPORT filed by Plaintiff David Bryant. (Attachments: # 1 Exhibit A)(Paris, Adam) (Entered: 06/28/2013)
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June 28, 2013
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June 28, 2013
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71
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow Telephone Conference set for 7/10/2013 03:00 PM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dts) TEXT ONLY ENTRY (Entered: 07/08/2013)
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July 8, 2013
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July 8, 2013
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72
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MINUTES OF TELEPHONIC CONFERENCE RE: SETTLEMENT held before Magistrate Judge David T. Bristow: A telephonic conference was held regarding the status of settlement. Attorneys Adam S. Paris, Andrew E. Gelfand, Rory Price Culver, and Matthew S. Fitzwater appeared on behalf of plaintiff. Assistant United States Attorneys Chung Hae Han and Monica L. Miller appeared on behalf defendants United States Bureau of Prisons, Harley G. Lappin, Robert E. McFadden and Francisco J. Quintana. Also present was Eliezer Ben Shmuel, United States Bureau of Prisons Supervising Attorney. The Court and counsel discussed the status of the case. It was determined that the settlement conference should not go forward at this time in order to allow plaintiffs counsel additional time to investigate the availability of a video remote interpreter service provider that would allow their interpreters to be recorded. The Court continued the settlement conference/status conference to August 19, 2013, at 9:30 a.m. Further, the Court ordered any supplemental briefing to be filed no later than August 13, 2013. Court Recorder: RS−3 07−410−13. (am) (Entered: 07/18/2013)
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July 10, 2013
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July 10, 2013
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73
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Joint STIPULATION to Reschedule STATUS CONFERENCE FOR SEPTEMBER 16, 2013 filed by Plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Paris, Adam) (Entered: 08/05/2013)
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Aug. 5, 2013
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Aug. 5, 2013
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74
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ORDER by Judge Christina A. Snyder Scheduling Status Conference on September 16, 2013. The parties shall appear before the Court for a status conference in the above−captioned matter on September 16, 2013 at 11:00 a.m. 73 (pso) (Entered: 08/07/2013)
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Aug. 6, 2013
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Aug. 6, 2013
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75
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MINUTES OF THIRD SETTLEMENT CONFERENCE held before Magistrate Judge David T. Bristow: The Court encouraged counsel to continue to work towards a settlement, and offered to continue to assist in the settlement process. The matter was continued to November 11, 2013, at 10:00am for a further status conference. Court Recorder: RS−4 08−19−13. (ad) (Entered: 08/21/2013)
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Aug. 19, 2013
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Aug. 19, 2013
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76
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AMENDED MINUTES THIRD SETTLEMENT CONFERENCE held before Magistrate Judge David T. Bristow re: The Court held a third settlement conference as previously scheduled. Attorneys Adam S. Paris and Rory Price Culver appeared on behalf of the plaintiff. Assistant United States Attorneys Chung Hae Han and Monica L. Miller appeared on behalf of defendants United States Bureau of Prisons, Harley G. Lappin, Robert E. McFadden, and Francisco J. Quintana. Also present was Eliezer Ben−Shmuel, United States Bureau of Prisons Supervising Attorney. Following consultation with the Court, and after significant discussions between the Court and counsel, the parties were unable to agree upon a settlement. The Court encouraged counsel to continue to work towards a settlement, and offered to continue to assist in the settlement process. The matter was continued to November 12, 2013, at 10:00 a.m. for a further status conference. 75 (am) (Entered: 08/27/2013)
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Aug. 19, 2013
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Aug. 19, 2013
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77
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Joint STIPULATION to Continue STATUS CONFERENCE from SEPTEMBER 16, 2013 to OCTOBER 7, 2013 Re: Order, Set/Reset Hearing 74 filed by PLAINTIFF David Bryant. (Attachments: # 1 Proposed Order)(Paris, Adam) (Entered: 09/06/2013)
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Sept. 6, 2013
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Sept. 6, 2013
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78
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ORDER CONTINUING SEPTEMBER 16 STATUS CONFERENCE TO OCTOBER 7, 2013 by Judge Christina A. Snyder: Upon Stipulation 77 , IT IS HEREBY ORDERED that the 9/16/2013 Status Conference is continued to 10/7/2013 11:00 AM before Judge Christina A. Snyder. (gk) (Entered: 09/10/2013)
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Sept. 9, 2013
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Sept. 9, 2013
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79
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EX PARTE APPLICATION to Stay pending October 7, 2013 Status Conference in the Event of Lapse of Appropriations re: Order, Set/Reset Hearing,, 78 filed by Defendants Harley G. Lappin, Robert E. MCFadden, Francisco J. Quintana, United States Bureau of Prisons. (Attachments: # 1 Proposed Order)(Han, Chung) (Entered: 09/27/2013)
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Sept. 27, 2013
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Sept. 27, 2013
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80
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STATUS REPORT filed by Plaintiff David Bryant. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Paris, Adam) (Entered: 09/30/2013)
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Sept. 30, 2013
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Sept. 30, 2013
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81
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ORDER GRANTING FEDERAL DEFENDANTS' CONDITIONAL EX PARTE APPLICATION FOR A STAY OF 10/7/2013 STATUS CONFERENCE IN THE EVENT OF LAPSE OF APPROPRIATIONS by Judge Christina A. Snyder: Upon the Federal Defendants' Ex Parte Application 79 , the Court hereby ORDERS that if a lapse in appropriations to the Department of Justice ("Department") begins at the end of the day on 9/30/2013, all dates, including the 10/7/2013, status conference, in this case shall be stayed. Counsel for Federal Defendants shall notify the Court as soon as Congress has appropriated funds for the Department and, at that point, all deadlines shall be extended commensurate with the duration of the lapse in appropriations. Should the lapse in appropriations continue on or after 10/7/2013, the Court will reschedule the status conference. In the event that the lapse in appropriations does not occur at the end of the day on 9/30/2013, the 10/7/2013, status conference shall remain on calendar. (gk) (Entered: 10/01/2013)
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Sept. 30, 2013
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Sept. 30, 2013
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82
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NOTICE of the Appropriation of Funds for the Department of Justice filed by Defendants United States Bureau of Prisons. (Han, Chung) (Entered: 10/17/2013)
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Oct. 17, 2013
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Oct. 17, 2013
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83
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Joint STIPULATION for Order TO SCHEDULE STATUS CONFERENCE FOR NOVEMBER 4, 2013 filed by Plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Paris, Adam) (Entered: 10/21/2013)
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Oct. 21, 2013
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Oct. 21, 2013
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84
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ORDER by Judge Christina A. Snyder: Pursuant to the Stipulation of the parties 83 , and good cause appearing therefore, IT IS HEREBY ORDERED as follows: (1) The stay entered by the Court in this action on September 30, 2013 is lifted, and all deadlines presently in effect in this action are extended by the number of days between September 30, 2013 and the date of this Order; and 2) The parties shall appear before the Court for a Status Conference in the above−captioned matter on 11/4/2013 at 11:00 AM before Judge Christina A. Snyder. (mg) (Entered: 10/23/2013)
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Oct. 22, 2013
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Oct. 22, 2013
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85
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MINUTES OF Further Status Conference held before Judge Christina A. Snyder: The Court confers with counsel regarding the status of the video relay service (VRS). Following discussion with counsel, the Court orders counsel to meet and confer and submit a stipulation and proposed order with regards to scheduling and future dates. Court Reporter: Lisa Gonzalez. (gk) (Entered: 11/07/2013)
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Nov. 4, 2013
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Nov. 4, 2013
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86
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SCHEDULING NOTICE IN CHAMBERS by Magistrate Judge David T. Bristow previously scheduled TELEPHONIC STATUS CONFERENCE for 11/12/13 10:00 a.m. has been rescheduled. Telephonic Status Conference set for 1/15/2014 10:00 AM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dts) TEXT ONLY ENTRY (Entered: 11/08/2013)
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Nov. 8, 2013
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Nov. 8, 2013
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87
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Joint STIPULATION to Lift Stay and Grant Plaintiff Leave to File an Amended Complaint filed by Plaintiff David Bryant. (Attachments: # 1 Proposed Order)(Paris, Adam) (Entered: 12/02/2013)
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Dec. 2, 2013
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Dec. 2, 2013
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89
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FIRST AMENDED AND SUPPLEMENTED COMPLAINT against Defendants Federal Bureau of Prisons, Charles Samuels, Jr., and Juan Castillo; Party Francisco J. Quintana in his official capacity as Warden of USP Victorville, United States Bureau of Prisons, Harley G. Lappin in his official capacity as Director of the United States Bureau of Prisons, and Robert E. MCFadden in his official capacity as Regional Director of the United States Bureau of Prions Western Region terminated; amending Complaint 1 ; filed by Plaintiff David Bryant. (gk) (Additional attachment(s) added on 12/27/2013: # 1 Part 2, # 2 Part 3, # 3 Part 4) (gk). (Entered: 12/26/2013)
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Dec. 20, 2013
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Dec. 20, 2013
Clearinghouse
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90
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Notice of Appearance or Withdrawal of Counsel: for attorney Rory Price Culver counsel for Plaintiff David Bryant. Timothea G.P. Letson is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−123 Notice. Filed by Plaintiff David Bryant. (Culver, Rory) (Entered: 12/29/2013)
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Dec. 29, 2013
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Dec. 29, 2013
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91
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Notice of Appearance or Withdrawal of Counsel: for attorney Rory Price Culver counsel for Plaintiff David Bryant. Matthew S. Fitzwater is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G−123 Notice. Filed by Plaintiff David Bryant. (Culver, Rory) (Entered: 12/29/2013)
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Dec. 29, 2013
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Dec. 29, 2013
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92
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MINUTES OF TELEPHONIC CONFERENCE RE: SETTLEMENT held before Magistrate Judge David T. Bristow: The Court and counsel discussed the status of the case. As plaintiff has filed a First Amended Complaint, a further settlement conference would not be fruitful at this time. The Court set a further telephonic conference on April 9, 2014, at 10:00am.Court Recorder: RS−4 01−15−14. (ad) (Entered: 01/17/2014)
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Jan. 15, 2014
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Jan. 15, 2014
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93
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NOTICE OF MOTION AND MOTION to Change Venue to District of Arizona filed by Defendants Juan Castillo, Charles Samuels, Jr, United States Bureau of Prisons. Motion set for hearing on 4/7/2014 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Exhibit "A" (pp 22 − 28), # 2 Declaration of Theresa T. Talplacido, # 3 Exhibit "A", # 4 Exhibit "B', # 5 Exhibit "C", # 6 Exhibit "D", # 7 Exhibit "E", # 8 Exhibit "F", # 9 Exhibit "G", # 10 Proposed Order)(Han, Chung) (Entered: 02/18/2014)
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Feb. 18, 2014
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Feb. 18, 2014
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94
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MEMORANDUM in Opposition to MOTION to Change Venue to District of Arizona 93 filed by Plaintiff David Bryant. (Attachments: # 1 Declaration of David Bryant, # 2 Declaration of Rory P. Culver, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Paris, Adam) (Entered: 03/17/2014)
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March 17, 2014
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March 17, 2014
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95
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REPLY in Support of MOTION to Change Venue to District of Arizona 93 filed by Defendants Juan Castillo, Charles Samuels, Jr, United States Bureau of Prisons. (Han, Chung) (Entered: 03/24/2014)
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March 24, 2014
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March 24, 2014
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96
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MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court hereby DENIES defendants' Motion to Change Venue to District of Arizona 93 without prejudice. Court Reporter: Not Present. (gk)
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March 26, 2014
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March 26, 2014
Clearinghouse
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97
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RE−SCHEDULING NOTICE by Magistrate Judge David T. Bristow previously scheduled for 04/09/2014 10:00 a.m. has been rescheduled. Telephone Conference set for 4/9/2014 01:00 PM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 04/08/2014)
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April 8, 2014
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April 8, 2014
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98
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Further telephonic Status conference to be set by Magistrate Judge David T. Bristow. Status Conference set for 6/25/2014 10:00 AM before Magistrate Judge David T. Bristow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 04/09/2014)
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April 9, 2014
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April 9, 2014
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100
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MINUTES OF TELEPHONIC Status Conference held before Magistrate Judge David T. Bristow. Counsel advised the Court that the parties have further motion practice that they believe must first be concluded in order for any further settlement negotiations to be productive. Counsel indicated that the motions should be adjudicated by June 2014. Accordingly, the Court set a further telephonic conference on June 25, 2014, at 10:00 a.m. (dc) (Entered: 04/11/2014)
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April 9, 2014
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April 9, 2014
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101
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MEMORANDUM in Opposition to MOTION to Dismiss Case Under FRCP 12(b)(1) and 12(b)(6) 99 filed by Plaintiff David Bryant. (Paris, Adam) (Entered: 05/12/2014)
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May 12, 2014
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May 12, 2014
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102
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REPLY in Support of MOTION to Dismiss Case Under FRCP 12(b)(1) and 12(b)(6) 99 filed by Defendants Juan Castillo, Charles Samuels, Jr, United States Bureau of Prisons. (Han, Chung) (Entered: 05/19/2014)
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May 19, 2014
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May 19, 2014
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103
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MINUTES OF Motion Hearing held before Judge Christina A. Snyder: Defendants' Motion to Dismiss 99 is hereby DENIED. Defendants are directed to file an answer to the First Amended Complaint no later than 7/2/2014. Court Reporter: Laura Elias. (gk)
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June 2, 2014
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June 2, 2014
Clearinghouse
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