Hydrick v. Demorales

U. S. Court of Appeals for the Ninth Circuit

Hydrick v. Davis

U. S. Court of Appeals for the Ninth Circuit

U. S. Court of Appeals for the Ninth Circuit

Hydrick v. Davis

U. S. Court of Appeals for the Ninth Circuit

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

449 F.3d 978

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

466 F.3d 676

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

500 F.3d 978

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

669 F.3d 937

Dana Sherman

CIVIL RIGHTS COMPLAINT Pur to 42 U.S.C. 1983 referred to Magistrate Judge Robert N. Block; summons issued; jury demand (jp) (Entered: 09/03/1998)

NOTICE and ORDER of Reference to Magistrate Judge Robert N. Block (jp) (Entered: 09/03/1998)

MOTION by plaintiff James Allen Hydrick for temporary restraining order Lodged Proposed Order Show Cause for TRO. (jp) (Entered: 09/03/1998)

MEMORANDUM OF LAW by plaintiff James Allen Hydrick in support of motion for temporary restraining order and/or preliminary injunction [3-1] (jp) (Entered: 09/03/1998)

DECLARATION in support by plaintiff James Allen Hydrick re motion for temporary restraining order [3-1] (jp) (Entered: 09/03/1998)

MINUTES Ord tht the plfs' mot for TRO, fld on 9/2/98 is ref to Mag Judge Block for his consideration & rec by Judge Terry J. Hatter CR: N/A (lori) (Entered: 09/14/1998)

NOTICE OF CHANGE Of Address filed James A. Hydrick (pbap) (Entered: 09/23/1998)

NOTICE OF CHANGE Of Address filed Willie Washington (pbap) (Entered: 09/23/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the chg of address rcvd on 9/11/98 (1st pg) is to be filed and processed; remaining pages are NOT to be fld, but REJ and is ORd rtnd. (pbap) (Entered: 09/23/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the chg of address rcvd on 9/11/98 is to be fld and processed. (pbap) (Entered: 09/23/1998)

REQUEST by plaintiff James Allen Hydrick for protection of plfs frm act described in affidavit w/lv to fiel suppl cmp. (pbap) (Entered: 09/24/1998)

REQUEST by plaintiff James Allen Hydrick for ord & decl in supprt (pbap) (Entered: 09/24/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the req for protection of plfs frm act discribed in afdt w/lv to fle suppl cmp rcvd on 9/16/98 is to be filed and processed. (pbap) (Entered: 09/24/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block the req for ord & decl in supprt rcvd on 9/17/98 is to be fld and processed. (pbap) (Entered: 09/24/1998)

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 09/29/1998)

NOTICE OF CHANGE Of Address filed by P. David Lanphere (pbap) (Entered: 09/29/1998)

ORDER by Judge Terry J. Hatter denying request to proceed in forma pauperis [11-1], denying request to issue ord [13-1]. (ENT 9/25/98) mld cpys & ntc (pbap) (Entered: 09/25/1998)

MOTION by plaintiff James Allen Hydrick req crt intervention and or instrs on service (pbap) (Entered: 09/29/1998)

MINUTES: denying motion req crt intervention and or instrs on service [17-1] by Magistrate Judge Robert N. Block CR: n/a (pbap) (Entered: 09/29/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht plf's mot req Crt interv & or instruct on svc rcvd on 9/24/98 is to be filed and processed. (pbap) (Entered: 09/29/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht ltr to clk re addr chg subm by pltf on 9/21/98 is to be fild and processed. (pbap) (Entered: 09/29/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block ltr ord rejected & retn to sender (dmjr) (Entered: 10/01/1998)

MOTION by plaintiff Michael Wayne Stevens to join class actn [1-1] (pbap) (Entered: 10/07/1998)

NOTICE OF CHANGE Of Address filed by petitioner James Hydrick (et) (Entered: 10/08/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block plf - mot to join class actn rcvd on 10/1/98 is to be fld and processed. (pbap) (Entered: 10/07/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block re doc notc of address change of pla receivedon 10-2-98 & ORD tht the doc is to be & processed. (et) (Entered: 10/08/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block re ltr to Crt frm Jeff La Franchi re joinder & ORD the doc is NOT to be fld, but instead rejected, & is ORD returned to petitioner. (et) (Entered: 10/08/1998)

NOTICE OF MOTION AND MOTION by Miclael W Stevens for joinder in complaint (dmjr) (Entered: 10/26/1998)

NOTICE OF CHANGE Of Address filed by Douglas Samuels (pbap) (Entered: 10/30/1998)

NOTICE OF CHANGE Of Address filed James Hydrick (pbap) (Entered: 11/02/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block the chg of addr subm by plf Dougal Samuels rcvd on 10/16/98 is to be filed and processed. (pbap) (Entered: 10/30/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht plf's ntc of chg of addr rcvd on 10/20/98 is to be fld and processed. (pbap) (Entered: 11/02/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block re No proof of service attached to doc. The document is to be processed. (cc: all counsel) (yc) (Entered: 11/04/1998)

MINUTES: granting motion for promissive joinder which the crt construes as a mot for permissive joinder [23-1] by Magistrate Judge Robert N. Block CR: na (yc) (Entered: 11/04/1998)

MINUTES:That this actn is stay including the service of the dfts, pending the crt's consideration of the plf's req for appointed cnsl. by Judge Terry J. Hatter CR: na (yc) (Entered: 11/04/1998)

MAIL Returned [35-2] addressed to plaintiff James Allen Hydrick (ab)

Mail Returned

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 11/18/1998)

NOTICE OF CHANGE Of Address filed John Stephen Warren (pbap) (Entered: 12/04/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht plf's chg of addr rcvd on 11/19/98 is to be fld & processed. (pbap) (Entered: 12/04/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the permissive joinder rcvd on 11/19/98 is NOT to be fld but REJ and is ORd rtnrd to cnsl. (pbap) (Entered: 12/04/1998)

NOTICE OF CHANGE Of Address filed James Hydrick (pbap) (Entered: 12/03/1998)

NOTICE OF CHANGE Of Address filed by Robert Aguallo (pbap) (Entered: 12/17/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block the chg of addr rcvd on 12/2/98 is to be fld and processed. (pbap) (Entered: 12/21/1998)

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 12/15/1998)

Text not available.

Motion for Appointment of Counsel

MOTION by plaintiff Jason Richardson for permissive joinder in complaint [1-1] (pbap) (Entered: 12/21/1998)

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block on ltr re change of address frm plf ; rec'd 1-8-99; the doc is to be fld and processed. (ab) (Entered: 01/19/1999)

NOTICE OF CHANGE Of Address filed by atty James Allen Hydrick for plaintiff James Allen Hydrick. (ab) (Entered: 01/19/1999)

MOTION for permissive joinder in complaint by Robert D. Lefort (mco) (Entered: 02/26/1999)

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 03/23/1999)

ORDER by Judge Terry J. Hatter denying plfs' req for a TRO or, in the alter, a Prelim Inj, and Lifting stay to allow service of process on certain dfts. (ENT 4/7/99) mld cpys & ntc (pbap) Modified on 04/26/1999 (Entered: 04/07/1999)

SUMMONS issued as to defendant Robert Aguallo, defendant John Does, defendant Jerry Brown, defendant R Vandergriff, defendant Fammy Acosta, defendant Jon Lovegren, defendant Ron Bovens, defendant R Baker, defendant R Subia, defendant Dan Steele, defendant Alicia Rocha, defendant Richard Maynard, defendant E NMI Smith, defendant Douglas Wachowiak, defendant Sarah Bly, defendant Pamela Berry, defendant Marcus Cline, defendant Kevin Baucom, defendant Michelle Mudgett, defendant Shirley Hendricks, defendant Kevin O'Day, defendant Michelle McCaslin, defendant Dan Page, defendant Ed Brown, defendant Stu Sheeler, defendant Marie Neri, defendant Kathy Alex, defendant Roger Brown, defendant Steven Harris, defendant Donna Nelson, defendant Randy Morrison, defendant Mickee Valpy, defendant Kevin Miller, defendant Robert Madigan, defendant Randy Blackwell, defendant Sue Robinson, defendant Mike Groom, defendant Sherrie Collier, defendant Tim Miller, defendant Bob Burkhart, defendant James Teigen, defendant Lawrie Seawater, defendant Gary Hitchcock, defendant Richard Morey, defendant David - Saunders, defendant Frederico Benales, defendant Jean Dansereau, defendant Gabriella Paladino, defendant Dale Arnold, defendant Carmel Muller, defendant Diane Imram, defendant William Knowlton, defendant Baruch Margalit, defendant Jan Marie Alarcon, defendant Glan Mikel, defendant Elaine Sherrill, defendant Mark Kalionzes, defendant Jim Wiley, defendant Arnie Gobbell, defendant Rocky Spurgeon, defendant Mark Palmer, defendant Jack Townsend, defendant Jim Vess, defendant Michael Hughes, defendant Anita Judd, defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales, defendant Stephen Mayberg, defendant Mark Mahhoney, defendant Samuel Robinson, defendant Robert Penate, defendant Jerry Reynolds, defendant Robert McDaniel, defendant Peter Wilson, defendant Robert D Lefort (et)

Summons Issued

MAIL Returned [49-1] addressed to John Warren (shb) (Entered: 04/29/1999)

MAIL Returned [49-1] addressed to John Warren (shb) (Entered: 04/29/1999)

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 05/25/1999)

MINUTES: ; mandatory status conference set on 10:00 6/28/99 by Magistrate Judge Robert N. Block CR: none. (ab) (Entered: 06/21/1999)

MINUTES: ; mandatory status conference held pltf hv to 8/31/99 to file a/c, dfts hv 30 days frm srv of a/c tofile responsive pleading & are excused frm replying to cmplt. The 20 discov standstill s/not commence to run until srv of a/c by Magistrate Judge Robert N. Block CR: tape 376 (dmjr) (Entered: 06/30/1999)

NOTICE by plaintiff of interested parties (dmjr) (Entered: 09/03/1999)

1st AMENDED COMPLAINT [1-1] by plaintiff; jury demand. Summons not issued (dmjr) (Entered: 09/03/1999)

ORDER vac ref to Mag Judge Robert N. Block. It is furthered ordered that the Clerk assign this action to Magistrate Robert N. Block as the discovery Judge Case referred to Discovery Robert N. Block Case now reads as CV 98-7167 TJH (RNBx) (cc: all counsel) (rn) Modified on 10/20/1999 (Entered: 09/08/1999)

NOTICE OF CHANGE Of Address filed by William Thiel (shb) (Entered: 09/23/1999)

STIPULATION filed to extend time to answer amended complaint [56-1] to 11/1/99 as to defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales (shb) (Entered: 09/23/1999)

NOTICE OF MOTION AND MOTION by plaintiff to lift stay of service of first amened complaint memo of points and authorities ; motion hearing set for 9:30 10/26/99 (shb) (Entered: 10/07/1999)

DECLARATION of Robert Malionek by plaintiff re motion to lift stay of service of first amened complaint [60-1] (shb) (Entered: 10/07/1999)

ORDER by Judge Terry J. Hatter; It is ordered that ord to stay the actn, fld on 10/28/98 is hereby LIFTED (jag) (Entered: 10/08/1999)

Proof of service of sms & A/C executed upon defendant Jon DeMorales, defendant Craig Nelson, defendant Grenda Ersnt in indv capacity by srv Patricial Nagler Esq Office of Atty Gen personally on 10/15/99 (lc) (Entered: 10/20/1999)

NOTICE by plaintiff of related case(s) CV 99-7075 RSWL (EE) (rn) (Entered: 10/28/1999)

NOTICE OF MOTION AND MOTION by defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) ; motion hearing set for 10:00 11/29/99 (shb) (Entered: 11/03/1999)

STIPULATION and ORDER by Judge Terry J. Hatter granting pltf and dfts permission to file opening briefs concerning the pending mot to dism to and incl 35 pages. The time for pltfs to file mot for class certification is ext until 90 days aftr the crts ruling of dfts mot to dism. (shb) (Entered: 11/03/1999)

Lodgment of foreign authorities by defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales in suppt of motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (shb) (Entered: 11/05/1999)

OPPOSITION by plaintiff to motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (shb) (Entered: 11/16/1999)

Lodgment of foreign authoritie by plaintiffs in suppt of motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (shb) (Entered: 11/16/1999)

NOTICE OF CHANGE Of Address filed by atty William Thiel for defendant William Thiel (shb) (Entered: 11/26/1999)

PROOF OF SERVICE by plaintiff on 11/15/99 of opp to mot to dism by personal srv (lc) (Entered: 11/23/1999)

REPLY by Jon DeMorales, Grenda Ersnt, Craig Nelson to opp to motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (lc) (Entered: 11/24/1999)

Lodgment of foreign auth in suppt of rply to opp by Jon DeMorales, Grenda Ersnt, Craig Nelson to motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (lc) (Entered: 12/03/1999)

NOTICE OF CHANGE Of Address filed by atty James Allen Hydrick for plaintiff James Allen Hydrick (shb) (Entered: 12/21/1999)

ORDER by Judge Terry J. Hatter denying deft De Morales, Craig Nelson & Grenda Ernst motion to dismiss [66-1] (lc) (Entered: 02/04/2000)

ANSWER filed by defendant Jon DeMorales, defendant Craig Nelson, defendant Grenda Ersnt in their indv & official capacities to amended complaint [56-1] (lc) (Entered: 02/16/2000)

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial plf estimates 2-3 wks & dfts estimate 4-6 weeks (ir) (Entered: 03/31/2000)

JOINT PROTECTIVE ORDER by Discovery Robert N. Block (cc: all counsel) (ir) (Entered: 06/05/2000)

MINUTES: (IN CHAMBERS) In accordance w/req of cnsl ; status conference set on 2:00 7/14/00 ; On or before 7/7/00 cnsl are Ord to file a Jt status rpt by Discovery Robert N. Block CR: n/a (ir) (Entered: 06/19/2000)

ADDENDUM TO JOINT PROTECTIVE ORDER by Judge Terry J. Hatter attch is exh 1 of Jt Protective Ord (ir) (Entered: 06/23/2000)

JOINT STATUS REPORT filed (ir) (Entered: 07/07/2000)

MINUTES: Case called; App are made ; mandatory status conference held ; Dis iss re to case by Discovery Robert N. Block CR: Tape Nos. 452 & 453 (ir) (Entered: 07/19/2000)

STIPULATION and ORDER ext disc & mot deadlines by Judge Terry J. Hatter; IT IS SO ORD Jt Rpt of Early Meeting of Cnsl be ext 90 days; Ptys propose that deadlines be ext as follows: Class-based disc should be conducted excl w/out disc in the merits of the case (except as nec for such class-based disc) until 11/1/00; Merits-based fact disc should commence on 11/1/00 (along w/any nec class-based disc which could not be completed) & should be completed by 6/30/01; Ptys should designate their expert(s) & otherwise comply w/FRCP on or before 8/31/01; Expert disc should commence on 8/31/01 & should be concluded by 2/28/02. Ptys should designate rebuttal expert(s), if any on or before 1/1/02; All disc should be completed by 2/28/02; Ptys props a mot cut-off date for dispostive mots 90 days after the disc cut-off or 5/28/02 (ir) (Entered: 08/21/2000)

NOTICE by plaintiff James Allen Hydrick of related case(s) CV 00-9399 CAS (BQRx)& other related group. (kc) (Entered: 09/27/2000)

NOTICE by defendant of related case(s) CV 00-10759 MMM (CWx) (rn) (Entered: 11/01/2000)

NOTICE OF CHANGE Of Address filed by Rogelip Anguiano (shb) (Entered: 11/30/2000)

NOTICE OF MOTION AND MOTION by plaintiff to certify as class action P&A; decl of Joel E Krischer, Shireen B Rahnema; 3/5/01 und subm (lc) (Entered: 02/12/2001)

STMT OF NON OPPOSITION by defendant to motion to certify as class action [87-1] (lc) (Entered: 02/12/2001)

STIPULATION and ORDER by Judge Terry J. Hatter Merits-based fact disc should commence on 3/1/01 & should be completed by 10/31/01; Ptys should designate their expert(s) & othewise comply w/FRCP 26(a)(2) on or before 1/31/02; Expert disc should commence on 1/31/02 & should be completed by 7/31/02; Ptys should designate their rebuttal expert(s) if any on or before 6/1/02; All disc should be completed by 7/31/02; Ptys propose a Mot cut-off date for dispositive Mots 90 days after the disc cut-off or 10/31/02 (ir) (Entered: 02/27/2001)

PROOF OF SERVICE by hand delivery by plaintiffs on 2/9/01 of Ntc of Mot & Mot for Class Certificaton (See doc for fur detials) (ir) (Entered: 02/27/2001)

STIPULATION and ORDER by Judge Terry J. Hatter Having taken the matter under submission, having considered Plf's motion to certify as class action [87-1], Dfts' stmt of non-opp & the stip of the ptys & good cause appearing therefor, IT IS SO ORD (See doc for specifics) (ir) (Entered: 04/16/2001)

ORDER staying proceedings in CV 01-1831 TJH(RNB) Sisneroz vs Mayberg pending outcome of related case CV98-7167 TJH(RNBx) the Hydrick class actn by Judge Terry J. Hatter (send) (lc) (Entered: 04/25/2001)

NOTICE OF CHANGE Of Address filed by Rogelio Anguiano 284 Ave Allende, Aguililla, Michoacan, Mexico 60572 (rl) (Entered: 04/30/2001)

NOTICE OF REASSIGNMENT of atty w/in the office for Grenda Ersnt, Craig Nelson, Jon DeMorales CAAG atty Cynthia Floyd is no longer assigned to this case by attorney Karen Ackerson-Brazille, Randall R Murphy (rl) (Entered: 05/22/2001)