Case: Evans v. Vare

Evans and Witherow v. Vare

U.S. Court of Appeals for the Ninth Circuit

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

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

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

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

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

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

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)

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

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

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)

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

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

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

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)

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

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)

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

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

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)

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)

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)

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

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

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)

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

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

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, )

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, )

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)

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)

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)

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)

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

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

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)

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

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)

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

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

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

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)

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)

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

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

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)

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

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

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)

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)

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

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

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)

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)

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

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)

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)

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)

(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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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

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

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