Case: Krug v. Lutz

Krug v. Stewart

U.S. Court of Appeals for the Ninth Circuit

Krug v. Stewart

Krug v. Stewart

SEALED Document (complaint) (PAB) (Entered: 07/13/1999)

MOTION TO SEAL complaint by pla Lawrence J Krug [2−1] (PAB) (Entered: 07/13/1999)

MOTION to exceed the page limit of complaint by pla Lawrence J Krug [3−1] (PAB) (Entered: 07/13/1999)

MOTION to order Attorney General, cnsl for ADOC, to submit to the Court, under Court seal the Address of dft Dr Mecoli by pla Lawrence J Krug [4−1] (PAB) (Entered: 07/13/1999)

MOTION for permission to file attached grievances separate from filed cmp, due to the fact said grievances amount to 50 pages by pla Lawrence J Krug [5−1] (PAB) (Entered: 07/13/1999)

EMERGENY MOTION to change venue to US District Court, Phoenix Division by pla Lawrence J Krug [6−1] (KDT) (Entered: 08/16/1999)

MOTION for status of case by pla [7−1] (PAB) (Entered: 10/19/1999)

NOTICE by pla Lawrence J Krug of change of address; new address ASP−Lewis−Steiner Complex, P.O. Box 3100, Buckeye, Arizona 85236 (KDT) (Entered: 11/02/1999)

REQUEST by pla for status of case (PAB) (Entered: 11/15/1999)

PETITION to determine status of case by pla Lawrence J Krug (KDT) (Entered: 12/08/1999)

MANDATORY PETITION to determine status of said cause pursuant to local rule 110(o) by pla Lawrence J Krug (KDT) (Entered: 01/05/2000)

ORDER by Judge Raner C. Collins that the following claims are dismissed from this action; plaintiff's claims in Count I that the ADOC appeal policy for contraband publications constitutes arbitrary sexual harassment, discrimination and Count III that state licensing codes were violated by ADOC's failure to assign a licensed physician to supervise the nurse practicioner; plaintiff's claim in Count VI that defendants violated state law by requiring prescriptions for non−prescription medications and treatemnt; that defendant's are required to file an answer for the following claims; plaintiff's in Count I that ADOC policym Director's Instruction #95, denies plaintiff due process; plaintiff's claim in Count III that defendants denied him medical care, treatment and medications in violation of the 8th amendment; plaintiff claim in Count IV that outside specialists denied him medical care, treatment and medications; that the Clerk of the Court shall send plaintiff a service packet including and copy of this order, a copy of the complaint and both summons and request for waiver forms for defendnat's Terry Stewart, Charles Ryan, Warden Gonzales, Deputy Warden Cattel, COIV Monica Taylor, Deputy Warden Mike Dunn, Deputy Warden Spargur, Deputy Warden Yolanda Martinez, Dr. Mecoli, NP Fischer, NP Michaelcrist, Dr. Mezzola, Dr. Lutz, FHA Clenney, Dr. Falk, Dr. Wagoner and Dr. Jabcwinski; that plaintiff shall complete and return service packets to the Clerk of the Court within 20 days of the date of filing of this order; with regard to dft Mecoli plaintiff shall complete a service packet absent an address; the US Marshal will not provide service of process if plaintiff fails to comply with this order; that defendants shall ans the complaint and respond to plaintiff petition to have the Court order said filed complaint be filed under Court Seal (Ex Parte); that at all times during the pendency of this action, plaintiff shall immediately advise the Court of any change of address and its effective date; granting motion for status of case by pla [7−1], denying motion to change venue to US District Court, Phoenix Division by pla Lawrence J Krug [6−1], granting motion for permission to file attached grievances separate from filed cmp, due to the fact said grievances amount to 50 pages by pla Lawrence J Krug [5−1], granting motion to order Attorney General, cnsl for ADOC, to submit to the Court, under Court seal the Address of dft Dr Mecoli by pla Lawrence J Krug [4−1], granting motion to exceed the page limit of complaint by pla Lawrence J Krug [3−1] party J William Brammer, party Marie Robertson, party Boyd T Johnson, party Janet Napolitano, party St John Willert (cc: all counsel) (KDT) (Entered: 01/10/2000)

USM 285, summons/notice/complaint/order, forwarded to USMS this date. (KDT) (Entered: 01/10/2000)

PETITION and notice to Judge Collins, the court missed a critical named dft in count one, Warden Flannigan; memorandum in support therefore accelerated ruling requested so the Court may order late service made by pla Lawrence J Krug (KDT) (Entered: 01/18/2000)

EMERGENCY NOTICE to Judge Collins in reference to sealing the record; no longer need to seal record; memorandum in support thereof accelerated hearing requested by pla Lawrence J Krug of (KDT) (Entered: 01/18/2000)

USM 285, summons/notice/complaint/order, forwarded to USMS this date. (KDT) (Entered: 01/19/2000)

REPLY by pla Lawrence J Krug to counsel's bad faith response; notice of intent not to respond to plaintiff's emergency petition for enforcement of court order; accelerated ruling requested; oral argument requested (KDT) (Entered: 01/24/2000)

WAIVER of Service upon dft Charles Ryan ; waiver sent on 1/24/00 summons and complaint (KDT) (Entered: 02/07/2000)

WAIVER of Service upon dft Terry Stewart ; waiver sent on 1/24/00 of summons and complaint (KDT) (Entered: 02/07/2000)

ORDER by Judge Raner C. Collins granting petition and notice to Judge Collins, the court missed a critical named defendant in count one, Warden Flannigan to the extent that this Court is ordering service on dft Warden Flannigan; that dft Flannigan is required to file an ans for plaintiff's claim in count one that ADOC policy, Director's instruction #95, denies plaintiff due process; that the Clerk of the Court shall sent plaintiff a service packet including and copy of this order, of the complaint and both summons and request for waiver forms for dft Flannigan; that plaintiff complete and return service packets to the Clerk of the Court within 20 fails to comply with this order; that if pla does not either obtain a waiver of service or summons or complete service of the summons and complaint on dft within 120 days of the date the complaint was filed, or within 60 days of the filing of this order, whichever is later, the action may be dismissed as to dft Flannigan; that US Marshal shall retain the summons, a copy of the cmp, and a copy of this order for future use; that the US Marshal notify dft Flannigan of the commencement of this action and request wiaver of service; the ntc to dft shall include a copy of this order; the Marshal shall file waivers of service of the summons or requests for waivers that were returned as undeliverable as soon as they are received; if a waiver of service of summons is not returned by dft within 30 days from the date the request for waiver was sent by the Marshal, the Marshal shall personally serve copies of the summons, cmp, and this order upon dft; within 10 days after personal service is effected, file the return of service for dft, along with evidence of the attempt to secure a waiver of srvc of the summons and of the costs subsequentlty incurred in effecting service upon dft; the dft shall ans the cmp and respond to pla's petition to have the court order said filed complaint be filed under Court seal (Ex−Parte) within the time provided by the applicable provisions of rule 12(a) of Civil Procedures; that any ans or responsive pleading shall state the specific defendant by name on whose behalf it is filed; the court may strike any ans or responsive pleading that does not identify the specific dft by name on whose behalf it is filed; that a clear and legible copy of every pleading or other document filed shall accompany each original pleading or other document filed with the Clerk for use by the District Judge or MJ to whom the case is assigned and additional copies for each Judge in three−judge panel cases; that pla shall serve dft, or if appearance has been entered by counsel, upon the attorney, a copy of every further pleading or other document submitted for consideration by the court; pla shall include with the original document and copy, to be filed with the Clerk of the Court, a certificate stating the date a true and correct copy of the pleading or document was mailed to dft or the counsel; that at all times during the pendency of this action, pla shall immediately advise the Court of any change of address and its effective date; the ntc shall not include any motions for any other relief; failure to file a ntc of change of address may result in the dismissal of the action for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b) (cc: all counsel) (KDT) (Entered: 01/26/2000)

RESPONSE by dft to motion TO SEAL complaint by pla Lawrence J Krug [2−1] [2−1] (KDT) (Entered: 01/27/2000)

NOTICE that Dr. Mecoli has been served with process by dft (KDT) (Entered: 01/28/2000)

WAIVER of Service upon dft Mecoli ; waiver sent on 1/27/00 of summons and complaint (KDT) (Entered: 02/07/2000)

MOTION for protective order by pla Lawrence J Krug [19−1] (KDT) (Entered: 01/31/2000)

RESPONSE by dft's to motion for protective order by pla Lawrence J Krug [19−1] (KDT) (Entered: 02/01/2000)

ORDER by Judge Raner C. Collins denying motion TO SEAL complaint by pla Lawrence J Krug [2−1] (cc: all counsel) (KDT) (ADI−ICMS, ). (Entered: 02/01/2000)

RETURN OF SERVICE UNEXECUTED − attempted on 1/31/00 upon Dr Milazzo spelling of name incorrect (KDT) (Entered: 02/01/2000)

WAIVER of Service upon dft Thomas Lutz ; waiver sent on 2/1/00 of summons and complaint (KDT) (Entered: 02/07/2000)

WAIVER of Service upon dft Mike Dunn; waiver sent on 2/3/00 summons/complaint and order (KDT) (Entered: 02/10/2000)

WAIVER of Service upon dft Flannigan; waiver sent on 2/4/00 of summons and complaint (KDT) (Entered: 02/17/2000)

WAIVER of Service upon dft Spargur; waiver sent on 2/7/00 summons, complaint &order (KDT) (Entered: 02/10/2000)

WAIVER of Service upon dft D W Cattel ; waiver sent on 2/9/00 summons/complaint/order (KDT) (Entered: 02/15/2000)

WAIVER of Service upon dft Cleeney ; waiver sent on 2/9/00 summons/complaint/order (KDT) (Entered: 02/15/2000)

WAIVER of Service upon dft Yolanda Martinez ; waiver sent on 2/9/00 summons/complaint/order (KDT) (Entered: 02/15/2000)

RETURN OF SERVICE EXECUTED certified upon dft Gonzales on 2/7/00 re summons, complaint (BAR) (Entered: 02/10/2000)

RETURN OF SERVICE UNEXECUTED − attempted upon dft Fischer summons/complaint/order (KDT) (Entered: 02/25/2000)

RETURN OF SERVICE UNEXECUTED − attempted upon dft Falk of summons, complaint and order (KDT) Modified on 03/01/2000 (Entered: 03/01/2000)

RETURN OF SERVICE UNEXECUTED − attempted upon dft Jabowinski of summons, complaint and order (KDT) (Entered: 03/01/2000)

RETURN OF SERVICE UNEXECUTED − attempted upon dft John Wagoner of summons, complaint and order (KDT) (Entered: 03/01/2000)

ORDER by Judge Raner C. Collins denying motion for protective order by pla Lawrence J Krug [19−1] (cc: all counsel) (KDT) (ADI−ICMS, ). (Entered: 03/01/2000)

MOTION for court order requiring named defendant's Dr. Falk, Dr. Jabcwinski, Dr. Wagoner, to pay for service of summons and complaint by US Marshal service by pla Lawrence J Krug [40−1] (KDT) (Entered: 03/06/2000)

RETURN OF SERVICE EXECUTED personally upon Monica Taylor on 3/3/00 summons, complaint &order (KDT) (Entered: 03/07/2000)

RETURN OF SERVICE EXECUTED personally upon Michael Crist on 3/3/00 summons, complaint &order (KDT) (Entered: 03/07/2000)

MOTION for production of address of defendant Fisher by pla Lawrence J Krug [43−1] (KDT) (Entered: 03/08/2000)

MOTION to have service made on defendant's and cost accessed to said defendant's by pla Lawrence J Krug [44−1] (KDT) (Entered: 03/08/2000)

MOTION to dismiss count I of plaintiff's complaint by dft Terry Stewart, dft Charles Ryan, dft Thomas Lutz, dft Mecoli, dft Fischer, dft Cleeney, dft John Wagoner, dft Jabowinski, dft Falk, dft D W Cattel, dft Mike Dunn, dft Yolanda Martinez, dft Gonzales, dft Spargur [45−1] (KDT) (Entered: 03/09/2000)

MOTION for issuance of a court order compelling defendant's Monica Taylor &Kathleen Crist to pay US Marshals fees accessed, pursuant to rule 4(d) by pla Lawrence J Krug [46−1] (KDT) (Entered: 03/13/2000)

MOTION to strike defendant's filed mtn to dismiss by pla Lawrence J Krug [47−1] (KDT) (Entered: 03/15/2000)

MOTION for court order to counsel mtn to dismiss to proceed as a mtn for summary judgment by pla Lawrence J Krug [48−1] (KDT) (Entered: 03/15/2000)

MOTION to correct spelling of defendant's Melazzo and Michalek by pla Lawrence J Krug [49−1] (KDT) (Entered: 03/15/2000)

MOTION for issuance of a protective order in compliance to the order issued by Judge Collins by pla Lawrence J Krug [50−1] (KDT) (Entered: 03/15/2000)

RESPONSE by dft's to motion for issuance of a court order compelling defendant's Monica Taylor &Kathleen Crist to pay US Marshals fees accessed, pursuant to rule 4(d) by pla Lawrence J Krug [46−1] (KDT) (Entered: 03/17/2000)

RESPONSE by dft's to motion for issuance of a protective order in compliance to the order issued by Judge Collins by pla Lawrence J Krug [50−1] (KDT) (Entered: 03/17/2000)

RESPONSE by dft to motion for court order to counsel mtn to dismiss to proceed as a mtn for summary judgment by pla Lawrence J Krug [48−1] (KDT) (Entered: 03/17/2000)

ANSWER by dft Terry Stewart, dft Charles Ryan, dft Thomas Lutz, dft Mecoli, dft Cleeney, dft Flannigan, dft D W Cattel, dft Mike Dunn, dft Yolanda Martinez, dft Gonzales, dft Spargur (KDT) (Entered: 03/21/2000)

MOTION to dismiss party with prejudice by dft John Wagoner, dft Falk [56−1] (KDT) (Entered: 03/21/2000)

AFFIDAVIT of Monica Taylor in support of response for issuane of a court order compelling dft's Monica Taylor &Kathleen Machaelcrist to pay US Marshals fees [52−1] (KDT) (Entered: 03/21/2000)

ORDER by Judge Raner C. Collins re: motion to dismiss party with prejudice by dft John Wagoner, dft Falk [56−1] [56−1] Pla file response to dfts mtn to dism on or bfr 4/19/00 or dftmtn may be gr w/o further ntc to pla(cc: all counsel) (PAB) (ADI−ICMS, ). (Entered: 03/24/2000)

REPLY by pla Lawrence J Krug to defendant's response to pla's mtn to the court for issuance of a court order compelling dft's Monic Taylor &Kathleen Michaelchek to pay US Marshal service fees accessed [52−1] (KDT) (Entered: 03/28/2000)

REPLY by pla Lawrence J Krug to defendant's response to pla's motion for Court to order counsel 's motion to dismiss to proceed as a motion for summary judgment [54−1] (KDT) (Entered: 03/28/2000)

MOTION to exceed the page limit re: motion for summary judgment by pla Lawrence J Krug [61−1] (KDT) (Entered: 03/28/2000)

MOTION to clarify if counsel for defendant's is permitted to file a motion to dismiss, in lue of answer by pla Lawrence J Krug [62−1] (KDT) (Entered: 03/28/2000)

REPLY by pla Lawrence J Krug to motion for issuance of a protective order in compliance to the order issued by Judge Collins by pla Lawrence J Krug [50−1] [50−1] (KDT) (Entered: 03/28/2000)

MOTION for preliminary injunction by pla Lawrence J Krug [64−1] , for permissin to proceed on injunctive relief; for injunctive hearing; for issuance of order to show cause and tro by pla Lawrence J Krug [64−2] (KDT) Modified on 03/29/2000 (Entered: 03/28/2000)

LODGED statement of facts in support of motion for summary judgment (KDT) (Entered: 03/28/2000)

LODGED motion for summary judgment; motion to strike dft's motion to dismiss (KDT) (Entered: 03/28/2000)

RESPONSE by dft to plaintiff's motion to proceed on injunctive relief by pla Lawrence J Krug [64−1] (KDT) (Entered: 03/29/2000)

REPLY by dft to response to motion to dismiss count I of plaintiff's complaint by dft [45−1] (KDT) (Entered: 03/29/2000)

RESPONSE by dft to plaintiff's lodged motion for summary judgment [0−0] (KDT) (Entered: 03/29/2000)

STATEMENT OF FACTS by pla Lawrence J Krug re motion for summary judgment by pla Lawrence J Krug [67−1] (KDT) (Entered: 03/29/2000)

MOTION to strike defendant's mtn to dismiss by pla [69−1] (KDT) (Entered: 03/30/2000)

RESPONSE by dft to motion to exceed the page limit re: motion for summary judgment; and motion to strike motion for summary judgment by pla Lawrence J Krug [61−1] (KDT) (Entered: 03/30/2000)

REPLY by pla Lawrence J Krug to response to motion to strike defendant's mtn to dismiss by pla [69−1], motion to exceed the page limit re: motion for summary judgment by pla Lawrence J Krug [61−1] (KDT) (Entered: 04/05/2000)

REPLY by pla Lawrence J Krug to defendants response to petition for permission to proceed on injunctive relief [65−1] (KDT) (Entered: 04/05/2000)

MOTION to exceed the page limit for reply to summary judgment by pla Lawrence J Krug [73−1] (former emp) (Entered: 04/10/2000)

NOTICE by pla Lawrence J Krug of service on the court he inadvertently overlooked sending to the court the pleading for i9njunctive relief−show cause order and memorandum in support (former emp) (Entered: 04/10/2000)

MOTION for permission to proceed on injunctive relief by pla Lawrence J Krug [75−1] , for issuance of show cause order by pla Lawrence J Krug [75−2] , for temporary restraining order against Director Stewart, Asst Dir Ryan, Dr. Olding, Warden McFadden and Sgt Lawrence by pla Lawrence J Krug [75−3] , for injunctive hearing by pla Lawrence J Krug [75−4] (former emp) (Entered: 04/10/2000)

LODGED reply to response to pla mtn for summary judgment, Count I (former emp) (Entered: 04/10/2000)

MOTION for sanctions against Counsel Skolnik for refusing to hold Rule 26(a), Rule 16 by pla Lawrence J Krug [76−1] (former emp) (Entered: 04/10/2000)

MOTION (refiles said petition on demand of counsel Ladley) to produce the current address of Dr. Jabcwinski to the court clerk under seal by pla Lawrence Krug [77−1] (former emp) Modified on 04/10/2000 (Entered: 04/10/2000)

MOTION (refiles said petition the second time on demand of counsel Ladley) to strike defendant's filed motion to dismiss by pla Lawrence J Krug [78−1] (former emp) (Entered: 04/10/2000)

MOTION (refiles said petition on demand of counsel Ladley) to access service cost of US Marshal Service against Dr. Falk and Dr. Wagoner pursuant to Rule 4 by pla Lawrence J Krug [79−1] (former emp) (Entered: 04/10/2000)

RESPONSE by dft John Wagoner, dft Falk to notice of default on serving to filed case [74−1] (KDT) (Entered: 04/11/2000)

RESPONSE by dft John Wagoner, dft Falk to motion (refiles said petition the second time on demand of counsel Ladley) to strike defendant's filed motion to dismiss by pla Lawrence J Krug [78−1], motion to strike defendant's mtn to dismiss by pla [69−1] (KDT) (Entered: 04/11/2000)

RESPONSE by dft Terry Stewart, dft Charles Ryan, dft Thomas Lutz, dft Mecoli, dft Fischer, dft Flannigan, dft D W Cattel, dft Mike Dunn, dft Yolanda Martinez, dft Gonzales, dft Spargur, dft Monica Taylor, dft Kathleen Michalek to motion for sanctions against Counsel Skolnik for refusing to hold Rule 26(a), Rule 16 by pla Lawrence J Krug [76−1] (KDT) (Entered: 04/12/2000)

MOTION for the court to order already US Marshal service via certified mail as legal, proper service of summons, purs to rule 4, Fed.R.Civ on Dr. Jabcwinski by pla Lawrence J Krug [82−1] (KDT) (Entered: 04/12/2000)

MOTION for order for a evidentiary hrg to determine if Marge Lopez obstructed process of service; by pla Lawrence J Krug [84−1] , to determine if counsel Ladley said dft's intentionally submitted false information to the court, falsely accused Marge Lopez by pla [84−2] , for sanctions against cnsl Ladley &Dr. Falk, Dr. Wagoner if false information was submitted to the Court by pla [84−3] , to accelerate hearing re: mtn for evidentiary hrg; mtn to determine if cnsl Ladley intentionally submitted false information to the court; mtn for sanctions;, and telephonic conference requested by pla [84−4] (KDT) (Entered: 04/20/2000)

RESPONSE to motions entitled "pla refiles said petition the second time on demand of cnsl Ladley...Petition to strike dfts filed mtn for dism filed 3/20/00" and Pla refiles said petitionon demand of cnsl Ladley...Petition to access service cost fo USM service against Dr Falk &Dr Wagoner purs to rule 4, FRCP by dft Falk, dft John Wagoner and CROSS−MOTION to comply with screening order &rule 5(a) requiring that pla provide dft with copies of all documents he submits to Court for by dft Falk &Wagoner[85−1] (RE: [79−1], [78−1] ) (PAB) (Entered: 04/24/2000)

RESPONSE by dft John Wagoner, dft Flannigan to motion for the court to order already US Marshal service via certified mail as legal, proper service of summons, purs to rule 4, Fed.R.Civ on Dr. Jabcwinski by pla Lawrence J Krug [82−1], motion (refiles said petition on demand of counsel Ladley) to produce the current address of Dr. Jabcwinski to the court clerk under seal by pla Lawrence Krug [77−1] (PAB) (Entered: 04/24/2000)

MOTION (petition) for emergency protective order, petition to suppress misrepresenting stmts, reference to termination of judgment order; Petition to suppress, a falsified copy of medical order submitted by cnsl Ladley as an exh. Censoring of cnsl Ladley for submission of said falsified document. Memorandum in support thereof by pla Lawrence J Krug [87−1] (PAB) (Entered: 04/24/2000)

MOTION to extend time to ans dft late receipt of dfts mtn to dism, until 20 days after the Court Rules on whether the mtn is proceeding as a summary jgm. Pla Serenqus obj to proceeding under summary judgment. memorandun in support thereof by pla Lawrence J Krug [88−1] (PAB) (Entered: 04/24/2000)

JOINDER by dft John Wagoner, dft Falk to response to pla "Petition for sanctions against cnsl Skolnik" [81−1] (PAB) (Entered: 04/24/2000)

REPLY by pla Lawrence J Krug to defendant's response to mtn to strike and motion to dismiss [85−2], to defendant's Dr. Wagoner &Dr Falk response to notice of default [80−1] (KDT) (Entered: 04/25/2000)

MOTION to withdraw motion to strike and notice of default by pla Lawrence J Krug [90−1] (KDT) (Entered: 04/25/2000)

ORDER by Judge Raner C. Collins granting motion to comply with screening order &rule 5(a) requiring that pla provide dft with copies of all documents he submits to Court for by dft Falk &Wagoner [85−1] &frm now forward plaintiff shall serve on all defense counsel all documents filed in this case; denying motion for the court to order already US Marshal service via certified mail as legal, proper service of summons, purs to rule 4, Fed.R.Civ on Dr. Jabcwinski by pla Lawrence J Krug [82−1], denying plaintiff's 4/10/00 motion to assess service cost against Dr Falk and Dr Wagoner [79−1], denying as moot plaintiff's 4/10/00 motion to strike defendant's filed motion to dismiss by pla Lawrence J Krug [78−1], granting plainitiff's 4/10/00 motion (refiles said petition on demand of counsel Ladley) to produce the current address of Dr. Jabcwinski to the court clerk under seal by pla Lawrence Krug [77−1], denying plaintiff's 4/10/00 motion for sanctions against Counsel Skolnik for refusing to hold Rule 26(a), Rule 16 by pla Lawrence J Krug [76−1], denying plaintiff's 3/30/00 motion to strike defendant's mtn to dismiss by pla [69−1], striking motion for summary judgment by pla Lawrence J Krug [67−1], granting plaintiff's 3/15/00 motion to correct spelling of defendant's Melazzo and Michalek by pla Lawrence J Krug [49−1] that the Clk of the Court shall send plaintiff a service packet including both summons and request for waiver forms for obtain a waiver of service of the summons or complete service of the summons and complaint on dft Melazzo within 60 days of the filing of this order the action may be dismissed purs to rule 4(m) and rule 2.12(b)(3)(B)(i); that US Marshall shall retain the summons, a copy of the cmp, and a copy of this order for future use; that the US Marshall shall notify dft Melazzo of the commencement of this action and request waiver of service of the summons purs to rule 4(d); the ntc to dft's shall include a copy of this order; the Marshall shall file a waiver of service of the summons or request for waivers if returned as undeliverable; if a waiver of service of summonse is not returned by dft Melzaao within 30 days from the date the req for waiver was sent by the Marshal, the Marshal shall personally szerve a copy of the summons, cmp, and this order upon the dft; within 10 days after personal service is effected, file the return of service for the dft, along with evidence of the attempt to secure a waiver of service of the summons and the costs subsequently incurred in effecting service upon the dft; the costs of service shall be enumerated on the return of service form (USM−285) and shall include cost incurred by the Marshal for photocopying additional copies of the summons, cmp or this order and for preparing new process recipt &return forms (USM−285) if required; costs of service will be taxed against the personally served dft unless otherwise ordered by the Court; denying plaintiff's 3/13/00 motion for issuance of a court order compelling defendant's Monica Taylor &Kathleen Crist to pay US Marshals fees accessed, pursuant to rule 4(d) by pla Lawrence J Krug [46−1], denying plaintiff's 3/8/00 motion to have service made on defendant's and cost accessed to said defendant's by pla Lawrence J Krug [44−1], granting plaintiff's 3/8/00 motion for production of address of defendant Fisher by pla Lawrence J Krug [43−1], granting plaintiff's 3/6/00 motion for court order requiring named defendant's Dr. Falk, Dr. Jabcwinski, Dr. Wagoner, to pay for service of summons and complaint by US Marshal service by pla Lawrence J Krug [40−1], granting plaintiff's 4/21/00 motion to extend time to ans dft late receipt of dfts mtn to dism, until 20 days after the Court Rules on whether the mtn is proceeding as a summary jgm. Pla Serenqus obj to proceeding under summary judgment. memorandun in support thereof by pla Lawrence J Krug [88−1] Defense counsel Skolnik &Ladley shall file under seal the addresses of defendant's Fischer &Jabowinski, or a record of the effords use to obtain those addresses, on or bfr 5/8/00 (cc: all counsel) (KDT) (Entered: 04/25/2000)

NOTICE emergency for Court censorship of unreasonable, egregous, unethical conduct, bfr the Court by cnsl Ladley and dft's Falk &Wagoner; accelerated ruling requested, oral argument via telephonic hrg by pla Lawrence J Krug (KDT) (Entered: 04/27/2000)

OBJECTIONS by pla Lawrence J Krug to defendants Falk and Wangner's joinder in response to pla motion for sanctions. [89−1] (former emp) (Entered: 04/27/2000)

REPLY by pla Lawrence J Krug to response to motion for sanctions against cnsl Ladley &Dr. Falk, Dr. Wagoner if false information was submitted to the Court by pla [84−3] (former emp) (Entered: 04/27/2000)

MOTION for protective order against defendants Falk and Wagner by pla Lawrence J Krug [94−1] (former emp) (Entered: 04/27/2000)

RESPONSE by pla Lawrence J Krug to defendants filed defendants Falk and Wagner's motion to comply with screening order and Rule 5(a) requiring that plaintiff provide defendants with copies of all documents he submits to court. (former emp) (Entered: 04/27/2000)