Case: Evans v. Vare

3:05-cv-00327 | U.S. District Court for the District of Nevada

Filed Date: June 2, 2005

Closed Date: 2012

Clearinghouse coding complete

Case Summary

An amended complaint was filed on March 22, 2006, in the U.S. District Court for the District of Nevada by private counsel on behalf of two plaintiffs who also claimed to be friends, one an attorney and the other a Nevada state prisoner. The initial complaint had been filed on June 2, 2005, and initially amended on June 15, 2005. The amended complaint stated that officials of the Nevada Department of Corrections (NDOC) violated the plaintiffs' First, Fourth, and Fourteenth Amendment rights by…

An amended complaint was filed on March 22, 2006, in the U.S. District Court for the District of Nevada by private counsel on behalf of two plaintiffs who also claimed to be friends, one an attorney and the other a Nevada state prisoner. The initial complaint had been filed on June 2, 2005, and initially amended on June 15, 2005.

The amended complaint stated that officials of the Nevada Department of Corrections (NDOC) violated the plaintiffs' First, Fourth, and Fourteenth Amendment rights by interfering with the prisoner's efforts, via mail, to provide paralegal/law clerk-type assistance, both for free and for pay, to the attorney. The marked legal mail that the defendants allegedly refused to forward from the attorney-plaintiff to the prisoner-plaintiff related to cases other than the prisoner's own cases and, sometimes, contained public record-type court documents that the prisoner had ordered from court clerks, according to the amended complaint.

Plaintiffs sought declaratory and injunctive relief, as well as nominal, compensatory, and punitive damages, filing their case pursuant to 42 U.S.C § 1983. The defendants were said to have censored and refused to deliver marked legal mail without providing due process or an adequate review procedure and, similarly, denied without due process or sufficient review the prisoner's right to conduct a paralegal/law clerk business from prison. Plaintiffs claimed that other similarly-situated prisoners had been allowed to conduct businesses from prison. In addition to denial of due process and equal protection rights, plaintiffs complained that the defendants' conduct impinged upon rights to privileged attorney-client communications, to free speech, to free association, to petition the government for redress of grievances, and to be free from unreasonable searches and seizures. Prison officials were also said to have violated these same rights by retaliation, via imposing restrictions on the prisoner's activities and inhibiting his work on civil rights cases other than his own personal legal matters.

On November 18, 2005, District Judge Edward C. Reed granted a preliminary injunction against the defendants, enjoining the prison officials from restricting non-legal correspondence between the plaintiffs but allowing, for security reasons, the officials' required redaction from the plaintiffs' correspondence of some information personally identifying others. Evans v. Vare, 402 F.Supp.2d 1188 (D. Nev. 2005).

The plaintiffs and the prison officials cross-appealed to the U.S. Court of Appeals for the Ninth Circuit. That court's unpublished October 13, 2006, memorandum decision partially affirmed and partially reversed the district judge's ruling. The appellate court noted that not all correspondence between an attorney and a client is necessarily privileged or presumed confidential. While the defendants argued that the prisoner was restricted from engaging in a business relationship as a paralegal by state statute, the court observed that the defendants had not shown in the district court that the prisoner was engaged in such a business activity, as opposed to corresponding about a common interest or hobby. Still, as long as restrictions on a prisoner's First Amendment rights reasonably serve a legitimate penal interest, the officials could impose such restrictions. Thus, the Ninth Circuit panel felt that the preliminary injunction was not too restrictive of the plaintiffs' freedoms. Privacy and security concerns warranted allowing the defendants to examine mail between the two plaintiffs and requiring the attorney, with respect to documents that have not been published, to redact from those documents personal identifying information about other persons. The case was remanded to the district court.

There, Judge Reed modified his earlier injunction on December 29, 2006, in view of the appellate ruling. His unpublished modified order allowed prison employees to examine mail from the attorney to the prisoner, but barred denying receipt or forwarding of their mail which either (1) consisted of regularly-published court decisions law or regulations, or (2) was other legal correspondence than described in (1), above, and had the names, social security numbers, addresses and other identifying information of other persons blacked out.

Discovery proceedings ensued over the next several months in the district court, as reflected by the PACER docket sheet. The last entry we have on that docket sheet is on May, 21, 2007, and indicates that discovery was due by September 26, 2007, with pretrial motions due a month later. We have no further information about the case.

There was a settlement conference on January 25, 2008, during which each party agreed to pay their own attorney's fees and costs.

On April 11, 2009, the court ordered a permanent injunction prohibiting defendants from denying plaintiffs the receipt or forwarding of mail involving legal matters, when either of two conditions are met: (1) The mail consists of regularly published court decisions, laws or regulations or (2) Where to mail does not consist of regularly published court decisions, laws or regulations, Plaintiff's correspondence regarding legal matters shall not be interfered with if the names, social security numbers, addresses, and other identifying information of other persons are blacked out.

Summary Authors

Mike Fagan (4/30/2008)

Christina Bonanni (11/9/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5433082/parties/donald-york-evans-and-john-witherow-vs-lenard-vare/


Judge(s)

Graber, Susan (Oregon)

Holland, Charlton G. III (California)

McQuaid, Robert A. Jr. (Nevada)

Reed, Edward Cornelius Jr. (Nevada)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Evans, Donald Y. (Nevada)

Hager, Robert R (Nevada)

Hearne, Treva J (Nevada)

Picker, Marc P (Nevada)

Attorneys(s) for Defendant

Stewart, Susan K (Nevada)

Judge(s)

Graber, Susan (Oregon)

Holland, Charlton G. III (California)

McQuaid, Robert A. Jr. (Nevada)

Reed, Edward Cornelius Jr. (Nevada)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Evans, Donald Y. (Nevada)

Hager, Robert R (Nevada)

Hearne, Treva J (Nevada)

Picker, Marc P (Nevada)

Attorneys(s) for Defendant

Stewart, Susan K (Nevada)

Werth, Kelly S (Nevada)

Wong, Daniel (Nevada)

Documents in the Clearinghouse

Document

3:05-cv-00327

Docket [PACER]

Evans and Witherow v. Vare

Jan. 3, 2012

Jan. 3, 2012

Docket
8

3:05-cv-00327

First Amended Complaint

June 15, 2005

June 15, 2005

Complaint
29

3:05-cv-00003

Order [Re: Motion for Preliminary Injunction]

Nov. 18, 2005

Nov. 18, 2005

Order/Opinion
29

3:05-cv-00327

Order

Nov. 18, 2005

Nov. 18, 2005

Order/Opinion
71-2

3:05-cv-00327

Second Amended Complaint

March 22, 2006

March 22, 2006

Complaint

05-17406

05-17409

Memorandum

U. S. Court of Appeals for the Ninth Circuit

Oct. 13, 2006

Oct. 13, 2006

Order/Opinion
137

3:05-cv-00327

Second Amended Preliminary Injunction

Dec. 29, 2006

Dec. 29, 2006

Order/Opinion
168

3:05-cv-00327

Permanent Injunction

April 11, 2008

April 11, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5433082/donald-york-evans-and-john-witherow-vs-lenard-vare/

Last updated Jan. 18, 2023, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

MISCELLANEOUS DOCUMENT CIVIL COVER SHEET. (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

2

COMPLAINT obo P. (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

3

MOTION FOR PRELIMINARY INJUNCTION mtn for prelim/injctn &req for hrg obo Ps. (no srv sho) (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

4

SUMMONS ISSUED as to D, Kelly Balenger. (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

5

SUMMONS ISSUED as to D, Rosemary Seals. (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

6

SUMMONS ISSUED as to D, Lenard Vare. (Entered: 06/02/2005)

June 2, 2005

June 2, 2005

7

ORDER Ds shl hv 15dys aftr srvc of process and srvc of cpy of the mtn for preliminary injunction (#3) upon them within which time to rspnd to Ps mtn for prelim injunctn, thereaftr Ps will hv 15dys within which time to file a reply. (Entered: 06/06/2005)

June 3, 2005

June 3, 2005

8

AMENDED COMPLAINT first amended obo Ps (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

9

MOTION FOR PRELIMINARY INJUNCTION (titled) first amended mtn for preliminary injunction request for hearing obo Ps. (Entered: 06/15/2005)

June 15, 2005

June 15, 2005

10

ORDER Ds shl hv 15dys aftr srvc of process and srvc of cpy of 1st amend mtn for prelim injunctn (#9) to rspnd to (#9). Thereaftr Ps will hv 15dys to file a reply to (#9). The first amend cmplnt (#8) and the first amend mtn for prelim injunctn (#9) suppl (Entered: 06/20/2005)

June 17, 2005

June 17, 2005

11

WAIVER OF SERVICE EXECUTED as to D−Lenard Vare signed by AG office. (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

12

WAIVER OF SERVICE EXECUTED as to D−Rosemary Seals signed by AG office. (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

13

WAIVER OF SERVICE EXECUTED as to D−Kelly Balenger signed by AG office. (Entered: 07/11/2005)

July 11, 2005

July 11, 2005

14

RESPONSE IN OPPOSITION TO MOTION to first amend mtn for prelim injunctn, req for hrg (#9) obo Ds. (m) plcd in sep folder due to size (Entered: 07/19/2005)

July 18, 2005

July 18, 2005

MISCELLANEOUS DOCUMENT stip and ord for enlrgmnt of time (Entered: 07/28/2005)

July 27, 2005

July 27, 2005

15

ORDER ON STIPULATION tht Ps hv til 8/10/05 to file their response to Ds oppo to first amended mtn for prelim injunction. (Entered: 08/01/2005)

July 29, 2005

July 29, 2005

17

ANSWER TO COMPLAINT answr to first amended cmplnt obo Ds. (m) (Entered: 08/17/2005)

Aug. 15, 2005

Aug. 15, 2005

18

AFFIDAVIT original affidavit of Lenard Vare and Kelly Belanger, copies attch'd to oppo (#14)(m) (Entered: 09/30/2005)

Sept. 27, 2005

Sept. 27, 2005

19

ORDER a hrg is set for 10/12/05 @ 10am on Ps first amend mtn for prelim injunctn (#9). (see ord for spec) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

20

ORDER ON STIPULATION tht the hrg sched for 10/12/05 is vacated and is resched for 10/27/05 @ 10am. (Entered: 10/17/2005)

Oct. 14, 2005

Oct. 14, 2005

21

MISCELLANEOUS HEARING dtd: 10/27/05; re: hrg on Ps first amend mtn for prelim injunctn (#9); CR: Margaret Griener; arguments are presented by respective cnsl; matter stands submitted; the crt will enter a written order (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

22

EXHIBIT LIST on behalf of Ps. (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

23

EXHIBIT LIST on behalf of Ds. (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

24

ORDER parties have failed to submit a DPSO, parties hv 5dys frm receipt of this ord within which to submit a DPSO (see ord for spec) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

26

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs Donald Evans, John Witherow. (WJ, ) (Entered: 11/17/2005)

Nov. 10, 2005

Nov. 10, 2005

25

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs Donald Evans, John Witherow. (WJ, ) (Entered: 11/17/2005)

Nov. 17, 2005

Nov. 17, 2005

27

SCHEDULING ORDER; Discovery Cut−Off: March 13, 2006; Amended Pleadings: December 14, 2005; Dispositive Motions: April 11, 2006; Pretrial Order: May 10, 2006. Signed by Judge Robert A. McQuaid Jr. on 11/8/05. (HJ, ) (Entered: 11/18/2005)

Nov. 18, 2005

Nov. 18, 2005

28

Plaintiff's First Amended Motion for Preliminary Injunction 9 is granted. A preliminary injunction order shall be issued forthwith. Signed by Judge Edward C. Reed Jr. on 11/18/05. (KV, )

Nov. 18, 2005

Nov. 18, 2005

RECAP
29

PRELIMINARY INJUNCTION re. treatment of legal mail between Plaintiffs. See Preliminary Injunction Order for specifics. Ordered the Court retains jurisdiction to preliminary injunction matters; ordered Defendants shall provide notice to persons in active participation; and ordered posting of security is waived. Signed by Judge Edward C. Reed Jr. on 11/18/05. (KV, )

Nov. 18, 2005

Nov. 18, 2005

RECAP
31

MOTION to declare Plaintiff's the prevailing parties and request for attorney fees and costs by Plaintiffs Donald Evans, John Witherow. Responses due by 12/20/2005. (WJ, ) (Entered: 12/08/2005)

Dec. 2, 2005

Dec. 2, 2005

32

NOTICE of violation of preliminary injunction by plaintiffs obo Defendants Kelly Balenger, Rosemary Seals, Lenard Vare re 29 Preliminary Injunction,, 28 Order on Motion for Preliminary Injunction. (WJ, ) (Entered: 12/08/2005)

Dec. 5, 2005

Dec. 5, 2005

33

BILL OF COSTS in the amount of $963.30 by Plaintiffs Donald Evans, John Witherow. Tax or object to Bill of Costs by 12/15/2005. (WJ, ) (Entered: 12/08/2005)

Dec. 5, 2005

Dec. 5, 2005

34

ERRATA to 31 MOTION to declare P's the prevailing parties ; filed by Plaintiffs Donald Evans, John Witherow. (WJ, ) (Entered: 12/08/2005)

Dec. 5, 2005

Dec. 5, 2005

35

NOTICE of submission of unauthorized mail by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare (WJ, ) (Entered: 12/08/2005)

Dec. 6, 2005

Dec. 6, 2005

30

MOTION for leave of court to supplement Defendant's PAin suppot of opposition to First Amended Motion for preliminary Injunction with request for hearing by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Responses due by 12/26/2005. (WJ, ) (Entered: 12/08/2005)

Dec. 8, 2005

Dec. 8, 2005

39

MOTION to Stay re 29 Preliminary Injunction,, 38 Notice of Appeal by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. (WJ, ) (Entered: 12/19/2005)

Dec. 15, 2005

Dec. 15, 2005

37

TRANSCRIPT of Proceedings: re Mtn for Prelim injunct held on 10/27/05 before Judge Edward C. Reed, Jr.. Court Reporter: Margaret E. Griener. (SA, ) (Entered: 12/16/2005)

Dec. 16, 2005

Dec. 16, 2005

40

TRANSMITTAL of Notice of Appeal and Docket Sheet to US Court of Appeals re 38 Notice of Appeal. (WJ, ) (Entered: 12/19/2005)

Dec. 19, 2005

Dec. 19, 2005

41

NOTICE OF APPEAL as to 29 Preliminary Injunction, by Plaintiff Donald Evans. Filing fee $ 255. (WJ, ) (Entered: 12/20/2005)

Dec. 19, 2005

Dec. 19, 2005

42

TRANSMITTAL of Notice of Appeal and Docket Sheet to US Court of Appeals re 41 Notice of Appeal. (WJ, ) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

43

STIPULATION − tht Ds shl hv til 1/4/06 to file their oppo to mtn to declare Ps the prevailing parties and req for atty's fees and costs by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. (JAR, ) (Entered: 12/20/2005)

Dec. 20, 2005

Dec. 20, 2005

44

ORDER ON STIPULATION re 43 Stipulation. Defendants shall have to January 4, 2006, to file opposition to Motion to Declare Plaintiffs the Prevailing Parties 31 . Signed by Judge Edward C. Reed Jr. on 12/22/05. (CLL, ) (Entered: 12/22/2005)

Dec. 22, 2005

Dec. 22, 2005

45

TRANSMITTAL RETURN of Notice of Appeal from USCA re 41 Notice of Appeal. USCA Case Number 05−17409 . (WJ, ) (Entered: 12/28/2005)

Dec. 27, 2005

Dec. 27, 2005

46

ORDER for Time Schedule as to 41 Notice of Appeal 05−17409 dtd 12/23/05. see document (WJ, ) (Entered: 12/28/2005)

Dec. 27, 2005

Dec. 27, 2005

47

ORDER for Time Schedule as to 38 Notice of Appeal re 05−174406 filed 12/23/05. see document for particulars (WJ, ) (Entered: 12/28/2005)

Dec. 27, 2005

Dec. 27, 2005

48

TRANSMITTAL RETURN of Notice of Appeal from USCA re 38 Notice of Appeal. USCA Case Number 05−17406 . (WJ, ) (Entered: 12/28/2005)

Dec. 27, 2005

Dec. 27, 2005

49

STIPULATION for Extension of Time to File Opposition to Motion to Stay by Plaintiff Donald Evans. (Hearne, Treva) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

50

RESPONSE to 31 MOTION; filed by Defendant Lenard Vare. Opposition to Motion to Declare Plaintiffs the Prevailing Parties and Request for Attorneys Fees and Costs Replies due by 1/18/2006. (Attachments: # 1 Affidavit of Kelly S. Werth# 2 Certificate of Service)(Werth, Kelly) (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

51

ORDER ON STIPULATION re 49 Stipulation. Responses to motion for stay 39 due by 1/17/2006. Signed by Judge Edward C. Reed Jr. on 1/6/05. (CLL, ) (Entered: 01/06/2006)

Jan. 6, 2006

Jan. 6, 2006

52

COSTS TAXED in amount of $ 0.00 against no prevailing party having been found. (JAR, ) (Entered: 01/07/2006)

Jan. 6, 2006

Jan. 6, 2006

53

REPLY to Response to 31 MOTION; filed by Plaintiff Donald Evans. and John Witherow (Hearne, Treva) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

54

RESPONSE to 39 MOTION to Stay re 29 Preliminary Injunction,, 38 Notice of Appeal; filed by Plaintiff Donald Evans. and John Witherow (Hearne, Treva) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

55

NOTICE by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare Amended Notice of Plaintiffs' Second Violation of Preliminary Injunction and Plaintiffs' Activies (Werth, Kelly) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

56

REPLY to Response to 39 MOTION to Stay re 29 Preliminary Injunction,, 38 Notice of Appeal; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. (Attachments: # 1 Exhibit Exhibits A, B, C, D, E# 2 Exhibit Exhibit F# 3

Jan. 24, 2006

Jan. 24, 2006

58

Joint MOTION for Preliminary Injunction Second by Plaintiff John Witherow. (Attachments: # 1 Proposed Order Proposed Order# 2 Exhibit Exhibit)(Hearne, Treva) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

59

ORDER of USCA as to 41 Notice of Appeal, 05−17409 and Notice of Appeal, 05−17406 dtd 2/6/06: These appeals are cross appeals from the district court's order grating preliminary injunction. Appellant unopposed oral motion for a 14 days extension to file opening brief was granted. Clerk shall file appellant's opening brief received on 1/30/06. appellees principal and response brief due 2/24/06; appellant's response and reply brief due 21 days after service of appellee's principal and response brief; and appellees optional reply brief due 14 days after service of appellants' response and reply. The appeal and any motions pending at the time briefing is completed shall be referred to the next available motions panel for disposition. (WJ, ) (Entered: 02/21/2006)

Feb. 17, 2006

Feb. 17, 2006

60

STIPULATION and Order to Extend Discovery by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare, Plaintiffs Donald Evans, John Witherow. (Werth, Kelly) (Entered: 02/22/2006)

Feb. 22, 2006

Feb. 22, 2006

61

(STIPULATED) SCHEDULING ORDER: Discovery cut off by 6/11/2006. Dispositive Motions due by 7/11/2006. Signed by Judge Robert A. McQuaid Jr. on 2/22/06. (WJ, ) (Entered: 02/24/2006)

Feb. 22, 2006

Feb. 22, 2006

62

RESPONSE to 58 Joint MOTION for Preliminary Injunction Second ; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Defendants' Opposition to Plaintiffs' Second Motion for Preliminary Injunction or, Alternatively Clarification/ Expansion of Existing Preliminary Injunction (Request for Hearing) (Attachments: # 1 Exhibit s A through J)(Werth, Kelly) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

63

RESPONSE to 57 Joint MOTION to Strike Fugitive Documents ; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Replies due by 3/14/2006. (Werth, Kelly) (Entered: 02/28/2006)

Feb. 28, 2006

Feb. 28, 2006

64

Joint MOTION for Order to Show Cause by Don York Evans and by Plaintiff John Witherow. (Attachments: # 1 Proposed Order Proposed Order to Show Cause)(Hearne, Treva) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

65

Joint MOTION to Amend/Correct and Joinder of Parties by Plaintiff Don York Evans and by Plaintiff John Witherow. Responses due by 3/19/2006. (Attachments: # 1 Exhibit Proposed Second Amended Complaint)(Hearne, Treva) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

66

REPLY OPPOSITION to motion to strike fugitive documents 57 filed by Plaintiff Donald Evans. (Hearne, Treva) Modified on 4/5/2006 to reflect incorrect PDF attached, also link added to motion; counsel notified. (BLG). (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

67

RESPONSE to 64 Joint MOTION for Order to Show Cause by Don York Evans and ; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Opposition to Motion for Order to Show Cause and Exhibit A Replies due by 3/30/2006. (Werth, Kelly) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

68

STIPULATION AND ORDER FOR ENLARGEMENT OF TIME by Plaintiff Donald Evans. (Hearne, Treva) (Entered: 03/16/2006)

March 16, 2006

March 16, 2006

69

ORDER ON STIPULATION re 68 Stipulation for Enlargement of Time. Plaintiffs shall have to and including 3/20/06 to file their Reply to Opposition to Second Motion for Preliminary Injunction or, Alternatively, Classification/Expansion of Existing Preliminary Injunction. Signed by Judge Robert A. McQuaid Jr.. (HJ, ) (Entered: 03/17/2006)

March 17, 2006

March 17, 2006

70

RESPONSE to 65 Joint MOTION to Amend/Correct and Joinder of Parties by Plaintiff Don York Evans and ; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Opposition to Motion for Leave to Join Additional Parties and to File Second Amended Complaint Replies due by 4/3/2006. (Werth, Kelly) (Entered: 03/20/2006)

March 20, 2006

March 20, 2006

72

REPLY to Response to 58 Joint MOTION for Preliminary Injunction Second ; filed by Plaintiffs Donald Evans, John Witherow. (Attachments: # 1 Part 2)(AF, ) (Entered: 03/23/2006)

March 21, 2006

March 21, 2006

73

MOTION for Acceptance of Hard Copy of the 72 Reply to Response to Second Motion for Preliminary Injunction, by Plaintiffs Donald Evans, John Witherow. (AF, ) (Entered: 03/23/2006)

March 21, 2006

March 21, 2006

71

Third MOTION to Amend/Correct, Second Amended Complaint by Plaintiff John Witherow. Responses due by 4/9/2006. (Attachments: # 1 Second Amended Complaint)(Hearne, Treva) Modified on 9/6/2006 to reflect Second Amended Complaint granted see order 93 . (BLG). (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

74

REPLY to Response to 64 Joint MOTION for Order to Show Cause by Don York Evans and ; filed by Plaintiff John Witherow. and Don Evans (Hearne, Treva) (Entered: 03/27/2006)

March 27, 2006

March 27, 2006

75

ORDER denying 39 Motion to Stay. See attached order. Signed by Judge Edward C. Reed Jr. on 4/4/06. (CLL, ) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

76

ORDER denying 31 Motion Signed by Judge Edward C. Reed Jr. on 4/4/06. See attached order. (CLL, ) (Entered: 04/04/2006)

April 4, 2006

April 4, 2006

77

NOTICE by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare Notice of Plaintiffs' Violations of Preliminary Injunction and Plaintiffs' Activities (Attachments: # 1 Exhibit A through D)(Werth, Kelly) (Entered: 04/07/2006)

April 7, 2006

April 7, 2006

78

RESPONSE to 71 Third MOTION to Amend/Correct Second Amended Complaint ; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Defendants' Opposition to Motion for Leave to Join Additional Parties and to File Second Amended Complaint (Werth, Kelly) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

79

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 4/11/2006. By Deputy Clerk: C. Larsen. RE: 58 Joint MOTION for Preliminary Injunction Second filed by John Witherow, Motion Hearing set for 6/2/2006 10:00 AM in Reno Courtroom 3 before Judge Edward C. Reed Jr.. See attached order (CLL, ) (Entered: 04/11/2006)

April 11, 2006

April 11, 2006

80

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 4/12/2006. By Deputy Clerk: C. Larsen. Hearing on motion for preliminary injunction 58 set 6/2/06 is vacated. See attached order (CLL, ) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

81

REPLY to Response to 65 Joint MOTION to Amend/Correct and Joinder of Parties by Plaintiff Don York Evans and ; filed by Plaintiff John Witherow. and Don York Evans (Hearne, Treva) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

82

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 4/25/2006. By Deputy Clerk: C. Larsen. RE: 57 Joint MOTION to Strike Fugitive Documents filed by John Witherow, DENIED. See attached order (CLL, ) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

83

MOTION To Depose an Incarcerated Person by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Responses due by 5/29/2006. (Werth, Kelly) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

84

Second MOTION for Order to Show Cause With Exhibits by Plaintiff Donald Evans. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Hearne, Treva) (Entered: 05/11/2006)

May 11, 2006

May 11, 2006

85

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 5/12/2006. By Deputy Clerk: C. Larsen. RE: 84 Second MOTION for Order to Show Cause With Exhibits filed by Donald Evans, Responses due by 5/30/2006; reply due 6/13/06. (CLL, ) (Entered: 05/12/2006)

May 12, 2006

May 12, 2006

87

RESPONSE to 84 Second MOTION for Order to Show Cause With Exhibits ; filed by Defendants Kelly Balenger, Rosemary Seals, Lenard Vare. Opposition to Second Motion for Order to Show Cause/Request for Attorney Fees (Attachments: # 1 Exhibit A − E)(Werth, Kelly) (Entered: 05/26/2006)

May 26, 2006

May 26, 2006

88

NOTICE of Change of Address by Plaintiff John Witherow., has mov'd to Nevada State Prison, P.O. Box 607, Carson City, NV 89702 (SA, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

89

ORDER granting 83 Defendants' Motion to Depose. Signed by Judge Robert A. McQuaid Jr. on 6/2/2006. (HJ, )

June 2, 2006

June 2, 2006

RECAP
90

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 6/19/2006. By Deputy Clerk: C. Larsen. RE: 58 Joint MOTION for Preliminary Injunction Second filed by John Witherow,, 73 is DENIED, as moot. MOTION for Acceptance of Hard Copy re 72 Reply to Response to Motion filed by Donald Evans,, John Witherow, is also DENIED, as moot. (CLL, ) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

91

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 6/19/2006. tht the Motion for Leave of Court to supplement D's Ps doc # 30 , filed on 12/8/05 is DENIED as moot in light of the court's Ord doc # 29 granting the Preliminary Injunction. (SA, ) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

92

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 6/19/2006. By Deputy Clerk: C. Larsen. RE: 84 Second MOTION for Order to Show Cause With Exhibits filed by Donald Evans, Motion Hearing set for 8/22/2006 10:00 AM in Reno Courtroom 3 before Judge Edward C. Reed Jr.. Motion for order to show cause 64 is denied. (CLL, ) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

93

MINUTE ORDER IN CHAMBERS of the Honorable Edward C. Reed Jr., U.S. District Judge on 6/19/2006. Ord tht P's Motion for Leave to Join additional ptys &to file 2nd Am Complnt doc #[71−1] filed on 3/22/06 is GRANTED. The 2nd Am Complnt was filed as doc #[71−2]. D's who have previously apppeared in the actn shall hv 20 days w/in which to respond to the 2nd Am Complnt doc #[71−2].The additional ptys shall have 20 days after service of process or admission of service of process, is filed w/in which time to respond to the 2nd Am Cmplnt. FUR ORD tht this matter is referred to the Magistrate Judge to determine whether a new scheduling order is needed in respect to the additional claims set forth in the 2nd am complnt doc # 71 . (SA, ) Modified on 6/20/2006 (SA, ). Added doc #71. (Entered: 06/20/2006)

June 19, 2006

June 19, 2006

94

ORDER of USCA as to 41 Notice of Appeal, 05−17409 and 38 Notice of Appeal, 05−17406, dtd 6/30/06: Submission of these cases is withdrawn and deferred until further order of the court, and these cases are referred to the Circuit's Mediation program for 90 days to explore the possibility of resolving the dispute through mediation. A circuit mediator will contact counsel directly to arrange a conference. Questions may be directed to Chief Circuit Mediator David Lombardi at 415 556 9907. The parties shall file a status report before the end of the 90 days period on the status of settlement negotiations. (WJ, ) (Entered: 07/05/2006)

July 3, 2006

July 3, 2006

95

MINUTES OF PROCEEDINGS − Show Cause Hearing held on 8/22/2006 before Judge Edward C. Reed Jr.. Crtrm Administrator: C. Larsen ; Pla Counsel: R. Hager ; Def Counsel: K. Werth ; Court Reporter/FTR #: D. Davidson ; Time of Hearing: 10:10 AM to 10:20 AM . Motion Hearing set for 10/5/2006 10:00 AM in Reno Courtroom 3 before Judge Edward C. Reed Jr.. (CLL, ) (Entered: 08/22/2006)

Aug. 22, 2006

Aug. 22, 2006

96

PROPOSED SUMMONS to be issued on Robert Legrand , filed by Plaintiff Donald Evans. (Evans, Donald) Modified on 9/6/2006 to reflect SUMMONS ISSUED (BLG). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

98

PROPOSED SUMMONS to be issued to Glen Whorton , filed by Plaintiff Donald Evans. (Evans, Donald) Modified on 9/6/2006 to reflect SUMMONS ISSUED (BLG). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

99

PROPOSED SUMMONS to be issued to Jackie Crawford , filed by Plaintiff Donald Evans. (Evans, Donald) Modified on 9/6/2006 to reflect SUMMONS ISSUED (BLG). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

100

PROPOSED SUMMONS to be issued to Greg Cox , filed by Plaintiff Donald Evans. (Evans, Donald) Modified on 9/6/2006 to reflect SUMMONS ISSUED (BLG). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

101

PROPOSED SUMMONS to be issued to Cherie Scott , filed by Plaintiff Donald Evans. (Evans, Donald) Modified on 9/6/2006 to reflect SUMMONS ISSUED (BLG). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

102

SUMMONS Issued as to 2nd Amended Complaint 71 Greg Cox. (BLG) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

103

SUMMONS Issued as to 2nd Amended Complaint 71 Jackie Crawford. (BLG) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

104

SUMMONS Issued as to 2nd Amended Complaint 71 Craig Farwell. (BLG) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

105

SUMMONS Issued as to 2nd Amended Complaint 71 Robert LeGrand. (BLG) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 2, 2005

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoner confined by NDOC at the Lovelock Correction Center; Evans and an attorney who has professional and personal association with prisoner

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nevada Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Order Duration: 2008 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Mail

Type of Facility:

Government-run