Case: Duffy v. Riveland

Duffy v. Yost

Atkins v. Lehman

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Ninth Circuit

Tessa Bialek and Margo Schlanger

LODGED ORDER: application to proceed IFP; complaint, etc (RS)

ORDER by Magistrate Judge Philip K. Sweigert granting application to proceed IFP (cc: all counsel) (RS) (Entered: 10/27/1992)

COMPLAINT (Summons(es) not issued) (RS) (Entered: 10/27/1992)

ORDER by Judge Barbara J. Rothstein of reference to Magistrate Judge Philip K. Sweigert (cc: all counsel) (RS) (Entered: 10/28/1992)

ORDER Dismissing Some Defendants and Ordering Service by Mail by Judge Barbara J. Rothstein terminating defendant State of Washington, defendant Washington State Ref, defendant Kenneth DuCharme, defendant James Spalding, defendant Chase Riveland (cc: all counsel,BJR,PKS) (dktclk) (Entered: 11/04/1992)

SUMMONS ISSUED as to defendant John Ahlsted, defendant Peggy Williams, defendant Jerry Sorenson, defendant Francis Linder, defendant Howard Anderson (dktclk)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Peggy Williams on 11/5/92 (dktclk) (Entered: 11/17/1992)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Jerry Sorenson on 11/5/92 (dktclk) (Entered: 11/17/1992)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant John Ahlsted on 11/6/92 (dktclk) (Entered: 11/17/1992)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Howard Anderson on 11/5/92 (dktclk) (Entered: 11/17/1992)

ATTORNEY APPEARANCE for defendants by Daniel J Judge (RS) (Entered: 11/19/1992)

PROOF OF SERVICE by defendants of: attorney appearance (RS) (Entered: 11/19/1992)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE of summons by defendant Francis Linder on 11/9/92 (RS) (Entered: 11/24/1992)

MOTION by defendant to dismiss noted for 1/22/93 (dktclk) (Entered: 12/29/1992)

MEMORANDUM of Authorities by defendant in support of motion to dismiss for failure to state a claim [12-1] (dktclk) (Entered: 12/29/1992)

AFFIDAVIT OF SERVICE by mailing by defendants of Motion to Dismiss 12 served on petitioner (dktclk) (Entered: 12/29/1992)

RESPONSE BRIEF by plaintiff Sean G Duffy to motion to dismiss and memorandum of 12/22/92 [12-1] (dktclk) (Entered: 01/14/1993)

AFFIDAVIT OF SERVICE by plaintiff Sean G Duffy of Response 15 served on dfts (dktclk) (Entered: 01/14/1993)

REPLY by defendants TO RESPONSE to motion to dismiss [12-1] (RS) (Entered: 01/25/1993)

PROOF OF SERVICE by defendant of: reply in support of motion to dismiss (RS) (Entered: 01/25/1993)

Report and Recommendation recommending dfts' motion to dismiss claim be denied [12-1] by Magistrate Judge Philip K. Sweigert noted for 2/26/93 (cc: all counsel) (RS) (Entered: 02/04/1993)

LODGED ORDER: re: report & recommendation motion Report and Recommendation recommending dfts' motion to dismiss claim be denied [12-1] (RS)

ORDER by Judge Barbara J. Rothstein ADOPTING report & recommendation; dfts' motion to dismiss claim is DENIED [12-1] [19-1]; Clerk to serve complaint on dfts Riveland, Spalding & Ducharme as to the Rehabilitation Act claim. (cc: all counsel, BJR, PKS) (dktclk) (Entered: 03/01/1993)

MOTION by plaintiff Sean G Duffy for appointment of counsel noted for 4/2/93 (not noted - sent ntc of mtn ltr to parties) (dktclk) (Entered: 03/18/1993)

AFFIDAVIT OF SERVICE by mailing by plaintiff Sean G Duffy of Mtn 21 to parties (dktclk) (Entered: 03/18/1993)

MOTION by defendants to depose plaintiff noted for 4/9/93 (RS) (Entered: 03/24/1993)

MEMORANDUM by defendant in support of motion to depose plaintiff [23-1] (RS) (Entered: 03/24/1993)

MOTION by defendant to shorten time on motion to depose plaintiff [23-1] noted for 3/26/93 (RS) (Entered: 03/24/1993)

AFFIDAVIT of Daniel Judge regarding motion to depose plaintiff [23-1] (RS) (Entered: 03/24/1993)

LODGED ORDER: re: motion to shorten time on motion to depose plaintiff [23-1] (RS)

AFFIDAVIT OF SERVICE by defendant of motion shortening time etc served on 3/23/93 (RS) (Entered: 04/05/1993)

MINUTE ORDER: by Magistrate Judge Philip K. Sweigert granting dfts' motion to shorten time on motion to depose plaintiff [23-1] [25-1]. The underlying motion to depose plaintiff [23-1] is NOTED for 4/1/93 (cc: all counsel) (RS) (Entered: 03/31/1993)

ANSWER to complaint [2-1] by defendants; jury demand (RS) (Entered: 04/05/1993)

AFFIDAVIT OF SERVICE by defendant of answer [31-1] served on 3/29/93 (RS) (Entered: 04/05/1993)

ORDER by Magistrate Judge Philip K. Sweigert granting dfts' motion to depose plaintiff [23-1] on 4/7/93 at 10am (cc: all counsel) (RS) (Entered: 04/01/1993)

ORDER by Magistrate Judge Philip K. Sweigert re pretrial preparations ; discovery ddl set for 7/2/93; dispositive motions ddl 7/30/93; plaintiff's pretrial statement due 10/1/93 (cc: all counsel) (RS) (Entered: 04/01/1993)

ORDER by Magistrate Judge Philip K. Sweigert denying plaintiff's motion for appointment of counsel [21-1] (cc: all counsel) (RS) (Entered: 04/05/1993)

AFFIDAVIT OF SERVICE of agreed partial order of dismissal served on 4/20/93 (RS) (Entered: 04/22/1993)

LODGED ORDER: Agreed partial order of dismissal (RS)

AGREED PARTIAL ORDER OF DISMISSAL by Magistrate Judge Philip K. Sweigert: 1) pltf's cmp against defendant Howard Anderson is dismissed w/ prej; 2) Pltf's claims against dfts that involve viols of Mr. Duffy's civil rts re: TDD are dismissed w/ prej; 3) This order does not affect pltf's remaining claims. (cc: all counsel, BJR, PKS) (dktclk) (Entered: 04/23/1993)

MOTION by defendants to exceed page limitation for memorandum in support of dfts' mtn for summary judgment noted for 8/13/93 (RS) (Entered: 07/29/1993)

AFFIDAVIT of Daniel Judge regarding motion to exceed page limitation for memorandum in support of dfts' mtn for summary judgment [36-1] (RS) (Entered: 07/29/1993)

AFFIDAVIT OF SERVICE by defendants of mtn for overlength brief, etc served on 7/23/93 (RS) (Entered: 07/29/1993)

MOTION by defendants for summary judgment and dismissal noted for 8/20/93 (RS) (Entered: 07/29/1993)

LODGED ORDER: re: motion to exceed page limitation for memorandum in support of dfts' mtn for summary judgment (RS)

PROPOSED dfts' memorandum in support of dfts' motion for summ jgm (overlength) (RS)

LODGED ORDER: re: motion for summary judgment and dismissal (RS)

MINUTE ORDER: by Magistrate Judge Philip K. Sweigert GRANTING dfts' motion to exceed page limitation for memorandum in support of dfts' mtn for summary judgment [36-1] (cc: all counsel) (RS) (Entered: 09/23/1993)

MEMORANDUM by defendants in support of motion for summary judgment and dismissal [39-1] (overlength) (RS) (Entered: 09/23/1993)

ORDER by Magistrate Judge Philip K. Sweigert directing pltf to show cause by 11/8/93 why suit should not be dismissed w/prejudice for failure to prosecute and RENOTING dfts' motion for summary judgment and dismissal [39-1] to 11/12/93; (cc: all counsel) (RS) (Entered: 10/22/1993)

RESPONSE by plaintiff to court order dated 10/22/93 (RS) (Entered: 11/15/1993)

AFFIDAVIT OF SERVICE by plaintiff of response [43-1] served on 11/8/93 (RS) (Entered: 11/15/1993)

REPLY by defendants TO RESPONSE to motion for summary judgment and dismissal [39-1] (RS) (Entered: 11/29/1993)

AFFIDAVIT OF SERVICE by defendant of motion reply [45-1] served on 11/18/93 (RS) (Entered: 11/29/1993)

MEMORANDUM by plaintiff (RS) (Entered: 12/08/1993)

AFFIDAVIT OF SERVICE by plaintiff of memorandum [47-1] served on 12/1/93 (RS) (Entered: 12/08/1993)

Report and Recommendation recommending granting dfts' motion for summary judgment and dismissal [39-1] and dismissing complaint with prej by Magistrate Judge Philip K. Sweigert, noted for 1/21/94 (cc: all counsel, BJR) (dktclk) (Entered: 12/29/1993)

LODGED ORDER: granting Report and Recommendation recommending granting dfts' motion for summary judgment and dismissal [39-1] and dismissing complaint with prej [49-1] (dktclk)

OBJECTIONS to Report and Recommendation by plaintiff Sean G Duffy re: R & R recommending granting dfts' motion for summary judgment and dismissal [39-1] and dismissing complaint with prej [49-1] noted for 1/28/94 (not noted - ltr sent) (dktclk) (Entered: 01/18/1994)

AFFIDAVIT OF SERVICE BY MAILING by plaintiff Sean G Duffy of OBJECTIONS to Report and Recommendation [50-1] (dktclk) (Entered: 01/18/1994)

ORDER by Judge Barbara J. Rothstein APPROVING PKS' report and recommendation; dfts' mtn for summary jgm and dismissal is GRANTED; pltf's complaint is DISMISSED W/PREJUDICE (cc: all counsel,BJR,PKS) (RS) (Entered: 01/28/1994)

JUDGMENT: by court APPROVING PKS' report and recommendation; dfts' mtn for summary jgm and dismissal is GRANTED; pltf's complaint is DISMISSED w/prejudice (cc: all counsel,BJR,PKS,Jgm) (RS) (Entered: 01/28/1994)

Bill of costs; taxation due by 2/25/94 at 9:30 ( assigned to Clerk Bruce Rifkin ) by defendants noted for 2/25/94 (RS) (Entered: 02/07/1994)

MEMORANDUM by defendant in support of bill of costs motion Bill of costs; taxation due by 2/25/94 at 9:30 ( assigned to Clerk Bruce Rifkin ) [54-1] (RS) (Entered: 02/07/1994)

AFFIDAVIT OF SERVICE by defendant of bill of costs motion Bill of costs; taxation due by 2/25/94 at 9:30 ( assigned to Clerk Bruce Rifkin ) [54-1] (RS) (Entered: 02/07/1994)

NOTICE OF APPEAL by plaintiff Sean G Duffy from Dist. Court decision [53-1] (cc: CCA, BJR, all counsel) (dktclk) (Entered: 02/23/1994)

AFFIDAVIT OF SERVICE by mailing re appeal [57-1] (dktclk) (Entered: 02/23/1994)

NO APPEAL FEE RECEIVED: 10/26/92 order grants IFP status. (dktclk)

APPEAL NOTIFICATION packet sent to CCA (cc: cnsl) (dktclk)

CERTIFICATE OF RECORD Transmitted to USCA (cc: all counsel) (dktclk)

TIME SCHEDULE ORDER (CCA) 94-35191: open.br. and excerpts due 4/11/94; resp.br. due 5/11/94; optional reply br. due within 14 days of svc. of resp.br. (dktclk) (Entered: 03/04/1994)

NOTIFICATION by Circuit Court of Appellate Docket Number 94-35191 (dktclk)

TAXATION OF COSTS by Clerk Bruce Rifkin: costs will not be taxed against indigent petitioners or pltfs absent a specific indication by the ct that the action was dismissed as frivolous (cc: all counsel,BJR,Jgm) (RS) (Entered: 04/11/1994)

CLERK'S RECORD ON APPEAL transmitted to Circuit (1 vol orig, 1 folder w/several copies of complaint) (dktclk)

ORDER (CCA) 94-35191, 94-35444: Appeals CONSOLIDATED. Clerk shall enter order appointing pro bono counsel. Appeal STAYED pending further order. If appellant objects to appointment of counsel, he shall file written objection within 14 days. (dktclk) (Entered: 06/29/1994)

ORDER (CCA) 94-35191, 94-35444: Pursuant to 6/23/94 order, atty Leonard J. Feldman appointed pro bono for appellant, unless appellant objects in writing within 14 days. Open.br. due 10/21/94; resp.br. due 11/21/94; optional reply br. due 12/5/94. (dktclk) (Entered: 07/29/1994)

MANDATE #94-35191 from Circuit Court of Appeals AFFIRMING IN PART, REVERSING IN PART AND REMANDING THE DECISION of the District Court [Appeal [57-1]; Copy of opinion attached. (cc: BJR, all counsel) (NS) (Entered: 11/08/1996)

DESIGNATION OF DEPOSITION TRANSCRIPT by plaintiff Sean G Duffy (dktclk) (Entered: 11/14/1996)

AFFIDAVIT OF SERVICE by plaintiff of designationof deposition transcript [64-1] (dktclk) (Entered: 11/14/1996)

ORDER (CCA) #94-35191: The mandate issued in this matter is hereby RECALLED as having issued prematurely. (cc: BJR, cnsl) [copy docketed in C93-637C] (NS) (Entered: 11/19/1996)

MANDATE (94-35191) from Circuit Court of Appeals REVERSING AND REMANDING THE DECISION of the District Court [Appeal [57-1] ON CONSIDERATION WHEREOF, it is now here ordered and adjudged by this Court, that the judgment of the said District Court in this cause be, and hereby is AFFIRMED IN PART, REVERSED IN PART AND REMANDED. (cc: all counsel) Opinion attached. (Copy docketed in C93-637C) (dktclk) Modified on 01/21/1997 (Entered: 01/21/1997)

ATTORNEY APPEARANCE for plaintiff Sean G Duffy by Leonard J. Feldman (dktclk) (Entered: 02/13/1997)

AFFIDAVIT OF SERVICE by plaintiff of attorney appearance [68-1] (dktclk) (Entered: 02/13/1997)

ORDER by Judge Barbara J. Rothstein Case referred to Magistrate Judge Philip K. Sweigert for review (cc: BJR, PKS, counsel) (dktclk) (Entered: 03/13/1997)

ORDER by Judge Barbara J. Rothstein: Court CONSOLIDATES C93-637R with C92-1596R. All future pleadings shall be filed under C92-1596R. (C93-637R statistically closed.) All further proceedings REFERRED to Magistrate Judge Philip K. Sweigert (cc: BJR, PKS, counsel) (dktclk) (Entered: 03/20/1997)

NOTICE: status conf before PKS set for 10:00 4/14/97 (cc: all counsel) (dktclk) (Entered: 03/27/1997)

MINUTES: PKS; Dep Clerk: PV; attys L. Feldman, C. Carter, T. Young, P. Nerup preent; status conf held 4/14/97 ; Court advised all pretrial discovery issues referred from BJR; Court hears from Mr. Fledman and Mr. Young on issues remanded from 9th Circuit and new issues; plaintiff to file motion to amend complaint by 5/15/97 to be noted for 5/30/97; discovery shcedule and issues discussed after mtn resolved; Court allows limited discovery to begin. (dktclk) (Entered: 04/16/1997)

MINUTE ORDER by Magistrate Judge Philip K. Sweigert: Plaintiff may file motion to amend complaint by 5/15/97 to be noted for 5/30/97; motion can be filed without proposed amended complaint; response due no later than 5/27/97. (cc: PKS, counsel) (dktclk) (Entered: 04/16/1997)

MOTION by plaintiff Sean G Duffy to amend complaint NOTED FOR 5/30/97 (dktclk) (Entered: 05/15/1997)

MEMORANDUM by plaintiff in support of motion to amend complaint [75-1] (dktclk) (Entered: 05/15/1997)

DECLARATION of Sean G. Duffy re motion to amend complaint [75-1] (dktclk) (Entered: 05/15/1997)

AFFIDAVIT OF SERVICE by plaintiff of motion to amend complaint [75-1] (dktclk) (Entered: 05/15/1997)

LODGED ORDER: re: motion to amend complaint [75-1] (dktclk)

RESPONSE by defendants to plaintiff's motion for leave to file an amended complaint. (dktclk) (Entered: 07/09/1997)

AFFIDAVIT OF SERVICE by defendants of motion response [82-1] (dktclk) (Entered: 07/09/1997)

REPLY by plaintiff TO RESPONSE to motion to amend complaint [75-1] (RS) (Entered: 05/30/1997)

AFFIDAVIT OF SERVICE by plaintiff of motion reply [79-1] (RS) (Entered: 05/30/1997)

ORDER by Magistrate Judge Philip K. Sweigert GRANTING pltf Sean G. Duffy's motion for leave to file amended complaint [75-1]. Pltf to file amended cmp within 60 days of this order. (cc: counsel, Judge) (dktclk) (Entered: 06/04/1997)

AMENDED COMPLAINT [2-1] by plaintiff Sean G Duffy (dktclk) (Entered: 07/21/1997)

PRAECIPE: by plaintiff Sean G Duffy to issue summonses re: amended complaint [84-1] (Issued) (dktclk) (Entered: 07/21/1997)