Case: Miller v. Aranas

Case assigned to District Judge Miranda M. Du and Magistrate Judge William G. Cobb. (WJ)

MOTION/APPLICATION for Leave to Proceed in forma pauperis by Plaintiff Clifford W. Miller. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet)(KW) (Entered: 02/02/2017)

ADVISORY LETTER to litigant. (KW) (Entered: 02/02/2017)

SCREENING ORDER - A decision on ECF No. 1 IFP Application is deferred. Clerk shall file the complaint ECF No. 1 -1. Defendant State of Nevada ex rel. Nevada Department of Corrections is dismissed with prejudice from this case. Count I is dismissed without prejudice, with leave to amend. Count II is dismissed without prejudice, with leave to amend. Count III is dismissed with prejudice. "First Amended" complaint due by 3/4/2018. Clerk shall send P 1983 form and instructions, and copy of complaint (ECF No. 1 -1). (Form, instr., complaint mailed to P 2/2/2018.) Signed by Judge Miranda M. Du on 2/2/2018. (copy of complaint sent to P)(Copies have been distributed pursuant to the NEF - DRM) (Entered: 02/02/2018)

COMPLAINT against All Defendants by Clifford W. Miller. (Filed, and Claims I, II, III dismissed, pursuant to ECF No. 3 Order.) (DRM) (Entered: 02/02/2018)

FIRST AMENDED COMPLAINT against Romeo Aranas by Clifford W. Miller. No changes to parties. Proof of service due by 5/28/2018.(LH) Modified on 1/24/2019 to denote NEF regenerated to AG per ECF No. 6 Order(KW). (Entered: 02/27/2018)

SCREENING ORDER ON FIRST AMENDED COMPLAINT: A decision on the application to proceed in forma pauperis ECF No. 1 is deferred; the operative complaint is First Amended Complaint ECF No. 5 ; Clerk directed to send courtesy copy of FAC to plaintiff (mailed to plaintiff on 1/24/2019); permitting some claims to proceed; some claims dismissed with prejudice; Defendants Dzurenda and Smith are dismissed from entire action; case stayed 90 days to allow parties to settle their dispute before filing fee is paid; AG must file the report regarding the results of the 90 day stay by 4/24/2019; if the case does not settle, Plaintiff will be required to pay the full filing fee; if party seeks exclusion from inmate mediation program, party must file a motion to exclude case from mediation by 2/14/2019; directing Clerk to electronically serve copy of order and FAC ECF No. 5 on AG (e-service and NEF regenerated on 1/24/2019); directing AG to advise Court by 2/14/2019 whether it will enter a limited notice of appearance on behalf of defendants for purpose of settlement. See order for further details. Signed by Judge Miranda M. Du on 1/24/2019. (Copies have been distributed pursuant to the NEF - KW) (Entered: 01/24/2019)

NOTICE of Appearance by attorney Darby Glenn Phelps on behalf of Defendant Romeo Aranas. Limited Notice of Appearance (Phelps, Darby) (Entered: 02/13/2019)

ORDER SETTING INMATE EARLY MEDIATION CONFERENCE. An Inmate Early Mediation Conference is set for 5/7/2019 at 11:30 A.M. in Reno Courtroom 2. The Court will appoint a mediator in this case. The Attorney General's Office will make the necessary arrangements for plaintiff to appear by video and will provide Katie Lynn Ogden at 775-686-5758 with the video conference reservation number and telephone number at which the plaintiff can be reached. The mediation statements shall be received by chambers at 400 S. Virginia Street, Suite 405, Reno, NV 89501 no later than 4/30/2019 at 4:00 P.M. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge William G. Cobb on 2/21/2019. (Copies have been distributed pursuant to the NEF - KW)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 2/26/2019. By Deputy Clerk: Katie Lynn Ogden. In view of the 8 EMC being scheduled outside the current deadline for the 90-day stay report, the stay is extended through Friday, 5/10/2019. The defendants shall file the 90-day status report on or before that date. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - KO) (Entered: 02/26/2019)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 2/27/2019. By Deputy Clerk: Katie Lynn Ogden. IT IS ORDERED that Sandra Ketner, Esq., is assigned as the mediator for the 8 Inmate Early Mediation Conference scheduled for Tuesday, 5/7/2019, at 11:30 a.m. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 02/27/2019)

MOTION - Ex Parte Request to Reschedule Mediation, re ECF No. 8 Order, by Plaintiff Clifford W. Miller. Responses due by 4/23/2019. (KR) (Entered: 04/09/2019)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 4/9/2019 : Plaintiff's Motion to Reschedule Mediation (ECF No. 11) is GRANTED. The Early Mediation Conference scheduled on Tuesday, May 7, 2019, at 11:30 a.m. is VACATED. IT IS FURTHER ORDERED that the 90-day stay is extended until after the Early Mediation Conference has been completed. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/09/2019)

ORDER RESCHEDULING Inmate Early Mediation Conference : An Inmate Early Mediation Conference is set for Tuesday 7/2/2019 at 11:30 AM in Reno Courtroom 2. The mediation statements shall be received by chambers at 400 S. Virginia Street, Suite 405, Reno, NV 89501 no later than Tuesday 6/25/2019 at 4:00 p.m. DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A COPY ON OPPOSING COUNSEL. See the attached order for specifications. Signed by Magistrate Judge William G. Cobb on 4/12/2019. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 04/12/2019)

MINUTES OF PROCEEDINGS - Early Mediation Conference held on 7/2/2019 before Mediator Sandra Ketner, Esq. Crtrm Administrator: Karen Walker; Pla Counsel: Clifford W. Miller, Pro Se (via video); Def Counsel: Dennis Hough, Esq.; Court Reporter: Liberty Court Recorder; Time of Hearing: 11:30 a.m.; Recording start and end times: 11:31:45 a.m. - 11:32:15 a.m. and 12:19:57 p.m. - 12:22:02 p.m.; Courtroom: 2. 1st mediation session. A settlement was NOT reached. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 07/02/2019)

STATUS REPORT Report of the Office of the Attorney General Re: Results of the 90-Day Stay by Defendant Romeo Aranas. (Rands, Douglas) (Entered: 07/02/2019)

ORDER that Plaintiff's IFP application (ECF No. 1 ) is GRANTED; NDOC to pay Clerk from inmate account; Clerk directed to send a copy of this order to Finance and NDOC Chief of Inmate Services (E-service to Finance and mailed to NDOC C hief on 7/3/2019); Clerk directed to e-serve NV AG with a copy of this order and a copy of ECF No. 5 first amended complaint (E-service and NEF regenerated on 7/3/2019); service must be perfected by 10/1/2019; AG to advise Court by 7 /24/2019 re acceptance of service and/or provide last-known-address information under seal; plaintiff to file a motion identifying the unserved defendant(s), requesting issuance of a summons, and specifying a full name and address for the defenda nt(s); answer/response due within 60 days for any defendants represented; Plaintiff shall serve defendants copy of all pleadings and include certificate of service; this case is no longer stayed. See order for further details and instructions. Signed by Magistrate Judge William G. Cobb on 7/3/2019. (Copies have been distributed pursuant to the NEF - LH)

MOTION to Extend Time re ECF No. 16 Order, by Plaintiff Clifford W. Miller. (LH) (Entered: 07/18/2019)

ORDER DENYING as premature Motion to Extend Time (ECF No. 17 ). Signed by Magistrate Judge William G. Cobb on 7/19/2019.(Copies have been distributed pursuant to the NEF - DRM) (Entered: 07/19/2019)

ACCEPTANCE OF SERVICE by Romeo Aranas on 7/24/2019 executed by Romeo Aranas. Notice of Acceptance of Service (Rands, Douglas) (Entered: 07/24/2019)

NOTICE of Under Seal Submission of Last Known Address by Romeo Aranas. (Rands, Douglas) (Entered: 07/24/2019)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 7/25/2019. Clerk directed to issue a Summons for Romeo Aranas and deliver the same to the U.S. Marshal with the address provided under seal (ECF No. 20 ) for service along with one copy of ECF No. 5 First Amended Complaint, one copy of ECF No. 6 Screening Order and one copy of this order (Delivered to USM on 7/25/2019); Clerk directed to send Plaintiff 1 USM-285-form (Mailed to P on 7/25/2019); Plaintiff shall have until 8/16/2019 to forward the completed USM-285 form to the U.S. Marshal; if Plaintiff fails to follow this order, Defendant Romeo Aranas may be subject to dismissal for failure to complete service of process pursuant to Fed. R. Civ. P. 4(m). (Copies have been distributed pursuant to the NEF - LH) (Entered: 07/25/2019)

SUMMONS ISSUED as to Romeo Aranas. (LH) (Entered: 07/25/2019)

ANSWER to 5 Amended Complaint with Jury Demand Defendant Aranas' Answer to Plaintiff's First Amended Complaint (ECF No. 5) filed by Romeo Aranas. Discovery Plan/Scheduling Order due by 9/25/2019.(Rands, Douglas) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 08/26/2019)

NOTICE of Change of Deputy Attorney General on behalf of Defendant Romeo Aranas. (Rands, Douglas) (Entered: 08/27/2019)

NOTICE of Appearance by attorney Terri Keyser-Cooper on behalf of Plaintiff Clifford W. Miller. Substitution of Counsel (Keyser-Cooper, Terri) (Entered: 08/27/2019)

First MOTION for Leave to File Second Amended Complaint by Plaintiff Clifford W. Miller. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Keyser-Cooper, Terri) (Entered: 08/27/2019)

CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. 26 . Attorney Terri Keyser-Cooper is advised to review and update his/her user account information. (no image attached) (LE) (Entered: 08/27/2019)

NOTICE of Change of Address by Terri Keyser-Cooper. NOTICE OF COUNSEL TERRI KEYSER-COOPER'S CHANGE OF ADDRESS (Keyser-Cooper, Terri) (Entered: 08/28/2019)

NOTICE NOTICE OF COUNSEL'S UNAVAILABILITY by Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 09/01/2019)

RESPONSE to 27 Motion for Leave to File Document by Defendant Romeo Aranas. Replies due by 9/17/2019. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Rands, Douglas) (Entered: 09/10/2019)

REPLY to Response to 27 Motion for Leave to File Document by Plaintiff Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 09/15/2019)

SUMMONS/USM-285 Returned Executed re ECF No. 23 Summons Issued. Romeo Aranas served on 8/16/2019, answer due 9/6/2019. Unredacted attached separately under seal. (LH) (Additional attachment(s) added on 11/1/2019: # 1 Unredacted Summons Return) (LH). Modified on 11/1/2019 to correct dates(LH). (Entered: 11/01/2019)

ORDER - (1) Plaintiff's Motion for Leave to file SAC (ECF No. 27 ) is GRANTED, and Plaintiff may proceed with the SAC; (2) The Clerk shall FILE the SAC (ECF No. 27-2); (3) The Attorney General's Office shall file a n otice within 14 days of the date of this Order advising the court and P's counsel whether it is accepting service of the SAC on behalf of Dr. Aranas and NDOC; or if service not accepted provide P's counsel with last known address es. If service accepted for any defendant, then answer/response to SAC due within 30 days of the filing of the notice accepting service. Signed by Magistrate Judge William G. Cobb on 11/13/2019. (Copies have been distributed pursuant to the NEF - DRM)

SECOND AMENDED COMPLAINT against Romeo Aranas, Nevada Department of Corrections, by Clifford W. Miller. (Filed pursuant to ECF No. 34 Order.)(DRM) (Entered: 11/13/2019)

PROPOSED SUMMONS to be issued Summons to NDOC by Plaintiff Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 11/14/2019)

SUMMONS ISSUED as to Nevada Department of Corrections. (LH) (Entered: 11/15/2019)

First MOTION for Preliminary Injunction by Plaintiff Clifford W. Miller. Responses due by 12/3/2019. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Keyser-Cooper, Terri) Modified on 3/4/2020 Exhibit 2 sealed per Order ECF No. 59 (KW). (Entered: 11/19/2019)

ACCEPTANCE OF SERVICE by Nevada Department of Corrections, Romeo Aranas on 11/25/2019 executed by Nevada Department of Corrections, Romeo Aranas. Notice of Acceptance of Service on Second Amended Complaint (Rands, Douglas) (Entered: 11/25/2019)

SUMMONS Returned Executed by Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 12/02/2019)

First STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order for Extension of Time to Respond to Motion for Preliminary Injunction (ECF No. 38) re 38 Motion for Preliminary Injunction by Defendant Romeo Aranas. (Rands, Douglas) (Entered: 12/09/2019)

ORDER granting ECF No. 41 Stipulation for Extension of Time to Respond re ECF No. 38 Motion for Preliminary Injunction. Responses due by 12/17/2019. Signed by Magistrate Judge William G. Cobb on 12/10/2019. (Copies have been distributed pursuant to the NEF - AB)

Second STIPULATION FOR EXTENSION OF TIME (Second Request) Stipulation and Order for Extension of Time to Respond to Motion for Preliminary Injunction (ECF No. 38) (Second Request) re 38 Motion for Preliminary Injunction, 42 Order on Stipulation,,, by Defendant Romeo Aranas. (Rands, Douglas) (Entered: 12/17/2019)

ORDER granting ECF No. 43 Stipulation for Extension of Time to Respond to ECF No. 38 Motion for Preliminary Injunction. Responses due by 1/2/2020. Signed by Magistrate Judge William G. Cobb on 12/18/2019. (Copies have been distributed pursuant to the NEF - AB)

RESPONSE to 38 Motion for Preliminary Injunction by Defendant Romeo Aranas. Replies due by 1/9/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Declaration Douglas Rands) (Rands, Douglas) (Entered: 01/02/2020)

First STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order for Extension of Time by Plaintiff Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 01/04/2020)

ORDER granting ECF No. 46 Stipulation to Extend Time to Reply to Response (ECF No. 45 ) re ECF No. 38 Motion for Preliminary Injunction. Replies due by 1/30/2020. Signed by Magistrate Judge William G. Cobb on 1/6/2020. (Copies have been distributed pursuant to the NEF - AB)

REPLY to Response to 38 Motion for Preliminary Injunction by Plaintiff Clifford W. Miller. (Attachments: # 1 Exhibit Exhbits 28-32) (Keyser-Cooper, Terri) (Entered: 01/21/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 1/21/2020. By Deputy Clerk: Karen Walker. A Motion Hearing is set for Friday, February 7, 2020 at 10:30 A.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb.The court will address Plaintiff's Motion for Preliminary Injunction ECF No. 38 and all related briefing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 01/21/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 1/22/2020. By Deputy Clerk: Karen Walker. Pursuant to the parties' agreement, the Motion Hearing set for February 7, 2020 at 10:30 A.M. is VACATED and RESCHEDULED for February 25, 2020 at 1:30 P.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The court will address Plaintiff's Motion for Preliminary Injunction ECF No. 38 and all related briefing. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 01/22/2020)

First MOTION for Partial Summary Judgment by Plaintiff Clifford W. Miller. Responses due by 2/20/2020. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Keyser-Cooper, Terri) (Entered: 01/30/2020)

First STIPULATION and Order for Extension of Time to File Response to Plaintiff's Partial Motion for Summary Judgment by Defendant Romeo Aranas. (Rands, Douglas) (Entered: 02/20/2020)

ORDER granting ECF No. 52 Stipulation. Defendant's Response to ECF No. 51 Motion for Partial Summary Judgment due by February 27, 2020. Signed by Magistrate Judge William G. Cobb on 2/21/2020. (Copies have been distributed pursuant to the NEF - AB)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 2/24/2020. By Deputy Clerk: Karen Walker. The Motion Hearing set for Tuesday, February 25, 2020 at 1:30 P.M. is VACATED and RESCHEDULED for Monday, March 2, 2020 at 10:00 A.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb.The court will address Plaintiff's Motion for Preliminary Injunction ECF No. 38 and all related briefing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 02/24/2020)

RESPONSE to 51 Motion for Partial Summary Judgment by Defendant Romeo Aranas. Replies due by 3/12/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Declaration Douglas R. Rands) (Rands, Douglas) (Entered: 02/27/2020)

ERRATA to 55 Response, by Defendant Romeo Aranas. (Attachments: # 1 Declaration Jackson Hardy) (Rands, Douglas) (Entered: 02/27/2020)

ANSWER to 35 Amended Complaint with Jury Demand Defendants Aranas' Answer to Plaintiff's Second Amended Complaint (ECF No. 35) filed by Romeo Aranas.(Rands, Douglas) (Entered: 02/28/2020)

MINUTES OF PROCEEDINGS - Motion Hearing held on 3/2/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Karen Walker; Pla Counsel: Terri Keyser-Cooper, Esq.; Def Counsel: Douglas Rands, Esq.; Court Reporter: Kathy French; Time of Hearing: 10:00 a.m.; Courtroom: 2The court holds today's hearing on Plaintiff's Motion for Preliminary Injunction (ECF No. 38 ) and Plaintiff's Motion for Partial Summary Judgment (ECF No. 51 )The court orders the clerk to seal Exhibit 2 (ECF No. 38 -2) as it contains personal identifiers. IT IS ORDERED that the Motion for Preliminary Injunction (ECF No. 38 ) is held in abeyance for 90 days. The parties are directed to work together in arranging for Mr. Miller to be seen by a general ophthalmologist and file a notice with the court advising of the status of the medical evaluation. IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment (ECF No. 51 ) will be held in abeyance for 90 days. Defendants' supplemental memorandum of points and authorities on the Motion for Summary Judgment (ECF No. 51 ) shall be filed on or before June 12, 2020. Plaintiff shall file a Reply on or before June 26, 2020. (Attachments: # 1 Court Exhibit 1) (Copies have been distributed pursuant to the NEF - KW) (Entered: 03/04/2020)

CERTIFICATE OF SERVICE for 57 Answer to Amended Complaint by Defendant Romeo Aranas. (Attachments: # 1 Exhibit A) (Rands, Douglas) (Entered: 03/03/2020)

Motion for Leave to file Third AMENDED COMPLAINT with Jury Demand against All Defendants by Clifford W. Miller. No changes to parties. (Attachments: # 1 Exhibit, # 2 Exhibit) (Keyser-Cooper, Terri) Modified event to reflect motion on to 4/2/2020 (LE). (Entered: 03/15/2020)

RESPONSE to 60 Amended Complaint by Defendant Romeo Aranas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Declaration Douglas R. Rands) (Rands, Douglas) (Entered: 03/30/2020)

ERRATA to 61 Response, by Defendant Romeo Aranas. (Attachments: # 1 Exhibit 1) (Rands, Douglas) (Entered: 03/31/2020)

First STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 03/31/2020)

ORDER granting ECF No. 63 Stipulation to Extend Time. Reply to ECF No. 60 Motion for Leave due by 4/20/2020. Discovery Responses due 4/20/2020. Signed by Magistrate Judge William G. Cobb on 4/1/2020. (Copies have been distributed pursuant to the NEF - LW)

REPLY to Response to 60 Motion for Leave to File Document, by Plaintiff Clifford W. Miller. (Attachments: # 1 Exhibit) (Keyser-Cooper, Terri) (Entered: 04/09/2020)

First STIPULATION FOR EXTENSION OF TIME (First Request) Request and Stipulation for Extension of Time to File Supplemental Responses to Motion for Summary Judgment re 59 Motion Hearing,,,,, by Defendant Romeo Aranas. (Rands, Douglas) (Entered: 06/15/2020)

ORDER granting ECF No. 66 Stipulation to Extend Time re ECF No. 51 Motion for Summary Judgment. Supplemental response due by 6/18/2020. Reply due by 7/5/2020. Signed by Magistrate Judge William G. Cobb on 6/15/2020. (Copies have been distributed pursuant to the NEF - LW)

SUPPLEMENT to 51 Motion for Partial Summary Judgment Supplemental Opposition to Plaintiff's Motion for Partial Summary Judgment (ECF No. 51) by Defendant Romeo Aranas (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Declaration Douglas R. Rands) (Rands, Douglas) (Entered: 06/18/2020)

REPLY to Response to 51 Motion for Partial Summary Judgment by Plaintiff Clifford W. Miller. (Attachments: # 1 Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Keyser-Cooper, Terri) (Entered: 06/30/2020)

ORDER granting ECF No. 60 Motion for Leave to File Document. Clerk shall file the Third Amended Complaint (ECF No. 60 -2). Within 21 days of the date of this Order, Defendants shall file an answer or otherwise respond to the Third Amended Complaint. Signed by Magistrate Judge William G. Cobb on 7/22/2020. (Copies have been distributed pursuant to the NEF - AB)

THIRD AMENDED COMPLAINT against Romeo Aranas and Nevada Department of Corrections by Clifford W. Miller. No changes to parties. (Filed per ECF No. 70 Order) (AB) (Entered: 07/22/2020)

REPORT AND RECOMMENDATION that the District Judge enter an order DENYING WITHOUT PREJUDICE Plaintiff's motion for preliminary injunction (ECF No. 38 ) and motion for partial summary judgment (ECF No. 51 ). Objections to R&R due by 8/7/2020. Signed by Magistrate Judge William G. Cobb on 7/24/2020. (Copies have been distributed pursuant to the NEF - LW)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 7/24/2020. IT IS THEREFORE ORDERED the Courtroom Administrator shall schedule a status conference as soon as the court's calendar will accommodate it. IT IS FURTHER ORDERED that the Office of the Attorney General shall file a notice on the status of Plaintiff's eye surgery and accompanying medical records (filed under seal) at least five (5) days prior to the scheduled status conference. (Copies have been distributed pursuant to the NEF - LW) (Entered: 07/24/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 7/27/2020. By Deputy Clerk: Karen Walker.Pursuant to Minute Order (ECF No. 73, a video Status Conference is set for Thursday, August 13, 2020 at 10:00 A.M. in Reno Courtroom 2 before Magistrate Judge William G. Cobb.The hearing will be conducted by Zoom Video Conference. The courtroom administrator will send the Zoom invite/link to all attending on Wednesday, August 12, 2020. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - KW) (Entered: 07/27/2020)

First MOTION for Partial Summary Judgment Plaintiff's Motion For Partial Summary Judgment As Against NDOC Re ADA Retaliation by Plaintiff Clifford W. Miller. Responses due by 8/24/2020. (Attachments: # 1 Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Keyser-Cooper, Terri) (Entered: 08/03/2020)

Second MOTION for Partial Summary Judgment by Plaintiff Clifford W. Miller. Responses due by 8/30/2020. (Attachments: # 1 Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Keyser-Cooper, Terri) (Entered: 08/09/2020)

ORDER - The Report and Recommendation of Magistrate Judge William G. Cobb (ECF No. 72 ) is accepted and adopted in its entirety. Miller's Motion for Preliminary Injunction (ECF No. 38 ) and Motion for Partial Summary Judgment (ECF No. 51 ) are denied as moot without prejudice. Signed by Chief Judge Miranda M. Du on 8/10/2020. (Copies have been distributed pursuant to the NEF - AB)

ANSWER to 71 Amended Complaint with Jury Demand Defendant Aranas' Answer to Plaintiff's Third Amended Complaint (ECF No. 71) Jury Trial Demanded filed by Romeo Aranas.(Rands, Douglas) (Entered: 08/12/2020)

MINUTES OF PROCEEDINGS - Video Status Conference held on 8/13/2020 before Magistrate Judge William G. Cobb. Crtrm Administrator: Karen Walker; Pla Counsel: Terri Keyser-Cooper, Esq.; Def Counsel: Douglas R. Rands, DAG; Court Reporter: Liberty Court Recorder; Time of Hearing: 10:00 a.m.; Recording start and end times: 10:01:38 a.m. - 10:31:35 a.m.; Courtroom: 2. The court holds today's hearing to discuss Plaintiffs status with respect to his eye surgery. IT IS HEREBY ORDERED that the parties file a joint notice with the court by Thursday, August 20, 2020 advising the court whether or not the parties will proceed with a settlement conference.Should this case not proceed to a settlement conference, the briefing schedule for the Plaintiff's Motions for Partial Summary Judgment (ECF Nos. 75 / 76 ) will be extended fourteen days from the date of filing the joint notice. Defendants' deadline to file responses to the motions is September 4, 2020 and Plaintiff's replies will be due September 18, 2020. (Copies have been distributed pursuant to the NEF - KW) (Entered: 08/13/2020)

NOTICE Notice to the Court Regarding Settlement Conference (ECF No. 79) by Romeo Aranas re 79 Status Conference,,,,. (Rands, Douglas) (Entered: 08/20/2020)

ORDER Scheduling a Settlement Conference for 10/15/2020 at 9:00 AM in Reno Courtroom TBD before Magistrate Judge Robert A. McQuaid, Jr. The settlement conference statements shall be received in the Clerk's Office - Suite 301 not later than 4:00 PM on 10/8/2020. DO NOT SERVE A COPY ON OPPOSING COUNSEL. Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/24/2020. (Copies have been distributed pursuant to the NEF - LW)

MINUTE ORDER RE: IN-PERSON HEARING. IT IS HEREBY ORDERED that an in-person Settlement Conference will be conducted on THURSDAY, OCTOBER 15, 2020 at 9:00 A.M., before Magistrate Judge Robert A. McQuaid, Jr., in Reno Courtroom to be determined, Bruce R. Thompson U.S. Courthouse and Federal Building, 400 South Virginia Street, Reno, Nevada.Signed by Magistrate Judge Robert A. McQuaid, Jr on 8/24/2020. (Copies have been distributed pursuant to the NEF - LW) (Entered: 08/24/2020)

First STIPULATION Stipulation and Order For Plaintiff to Appear at Settlement Conference by Plaintiff Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 09/14/2020)

ORDER granting ECF No. 83 Stipulation. Plaintiff shall be transferred on October 15, 2020 from the Warm Springs Correctional Center in Carson City NV to the Federal Courthouse in Reno at 400 S. Virginia Street, Reno NV so that he may be present and able to participate in the Settlement Conference Hearing on October 15, 2020 at 9:00 AM (ECF No. 81 ). Signed by Magistrate Judge William G. Cobb on 9/14/2020. (Copies have been distributed pursuant to the NEF - AB)

NOTICE Notice of Counsel's Address Change by Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 10/03/2020)

CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. 85 . Attorney Terri Keyser-Cooper is advised to review and update her user account information. (no image attached) (LE) (Entered: 10/05/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert A. McQuaid, Jr. on 10/7/2020. By Deputy Clerk: Paris Rich.IT IS ORDERED that the Settlement Conference currently set for Thursday, 10/15/2020 at 9:00 AM shall be conducted in Reno Courtroom 6 before Magistrate Judge Robert A. McQuaid Jr. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 10/07/2020)

COURTROOM CHANGE MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Robert A. McQuaid, Jr. on 10/14/2020. By Deputy Clerk: Paris Rich.IT IS ORDERED that the Settlement Conference currently set for Thursday, 10/15/2020 at 9:00 AM shall be conducted in Reno Courtroom 4 before Magistrate Judge Robert A. McQuaid Jr. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 10/14/2020)

MINUTES OF PROCEEDINGS - In-Person Settlement Conference held on 10/15/2020 before Magistrate Judge Robert A. McQuaid, Jr. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Terri Keyser-Cooper; Def Counsel: Douglas Rands; Time of Hearing: 9:00 a.m. - 10:24 a.m.; Recording start and end times: 9:00 - 9:03; Courtroom: 4; Also present in the courtroom: Clifford W. Miller; Nancy Katafias, and Perry Russell. After private discussion and negotiations, the parties are unable to reach an agreement to settle the case at this time. (no image attached) (Copies have been distributed pursuant to the NEF - LE) (Entered: 10/15/2020)

NOTICE Notice of Inability To Settle Case and Request For Deadlines Re Pending Motions For Partial Summary Judgment by Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 10/19/2020)

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 10/20/2020. Before the Court is Plaintiff's Notice of Inability to Settle Case and Request for Deadlines re Pending Motions for Partial Summary Judgment (ECF No. 90 ). Defendants' Response to Plaintiff's Motions for Partial Summary Judgment (ECF Nos. 75, 76 ) shall be filed on or before Tuesday, November 3, 2020. Any Reply Memorandum shall be filed on or before Friday, November 13, 2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 10/20/2020)

RESPONSE to 75 Motion for Partial Summary Judgment, by Defendant Romeo Aranas. Replies due by 11/17/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Declaration Christopher Franklin, # 14 Declaration David Frobes, # 15 Declaration Deborah Hernandez) (Rands, Douglas) (Entered: 11/03/2020)

RESPONSE to 76 Motion for Partial Summary Judgment by Defendant Romeo Aranas. Replies due by 11/17/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Rands, Douglas) (Entered: 11/03/2020)

ERRATA to 93 Response, by Defendant Romeo Aranas. (Attachments: # 1 Declaration David Frobes, # 2 Declaration DonnaMarie Milazzo, # 3 Declaration Christopher Franklin, # 4 Declaration Deborah Hernandez) (Rands, Douglas) Modified on 11/6/2020 add link to motion 76 (WJ). (Entered: 11/05/2020)

CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. 94 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) (Entered: 11/06/2020)

REPLY to Response to 76 Motion for Partial Summary Judgment, 75 Motion for Partial Summary Judgment, by Plaintiff Clifford W. Miller. (Attachments: # 1 Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Keyser-Cooper, Terri) (Entered: 11/13/2020)

ORDER : The parties shall meet and confer on this issue and file a notice with the court by 5:00 p.m. on Tuesday, February 2, 2021, regarding whether it has dismissed/expunged the disciplinary charge against Plaintiff for filing what NDOC deemed a duplicative grievance, and if so, whether this renders the ADA retaliation claim moot. Signed by Magistrate Judge William G. Cobb on 1/28/2021. (Copies have been distributed pursuant to the NEF - DRM)

NOTICE Notice to the Court Pursuant to ECF No. 97 by Clifford W. Miller. (Keyser-Cooper, Terri) (Entered: 02/02/2021)

REPORT AND RECOMMENDATION that the District Judge enter an order denying Plaintiff's Motion for Partial Summary Judgment with respect to his retaliation claim under Title II of the Americans with Disabilities Act (ADA) (ECF No. 75 ), and this claim should proceed to a bench trial. Objections to R&R due by 2/19/2021. Signed by Magistrate Judge William G. Cobb on 2/5/2021. (Copies have been distributed pursuant to the NEF - AB)

REPORT AND RECOMMENDATION that the District Judge enter an order denying Plaintiff's Second Motion for Partial Summary Judgment (ECF No. 76 ). Objections to R&R due by 2/19/2021. Signed by Magistrate Judge William G. Cobb on 2/5/2021. (Copies have been distributed pursuant to the NEF - AB)