Case: Hoptowit v. Spellman

Hoptowit v. Ray

Hoptowit v. Ray

U. S. Court of Appeals for the Ninth Circuit

U. S. Court of Appeals for the Ninth Circuit

ORDER Directing Closing of File by Judge Robert J. McNichols, terminating case COB-98-81 (cc: all counsel) (PW) (Entered: 04/06/1990)

MOTION by defendants to reopen file , vacate permanent injunction , and dismiss action (LAM) (Entered: 05/21/1996)

Memorandum by defendants in support of motion to reopen file [1267-1], vacate permanent injunction [1267-2], and dismiss action [1267-3] [ATTACHMENT IN SEPARATE EXPANDO FOLDER] (LAM) Modified on 05/21/1996 (Entered: 05/21/1996)

Notice by defendants of hearing setting motion to reopen file [1267-1] (w/o oral argument 6/17/96 ), setting motion for permanent injunction [1267-2] (w/o oral argument 6/17/96 ), setting to motion dismiss action [1267-3] (w/o oral argument 6/17/96 ) (LAM) (Entered: 05/21/1996)

Proof of service by defendants of: #1267-1269 (LAM) (Entered: 05/21/1996)

ORDER Transferring Case by Judge Robert H. Whaley Case reassigned to Chief Judge Wm. Fremming Nielsen (cc: all counsel) (PW) (Entered: 05/30/1996)

Law Clerk assigned to case is 2 (admin) (Entered: 05/30/1996)

Memorandum by plaintiffs in opposition to motion vacate permanent injunction [1267-2], motion dismiss action [1267-3]. . . . (PW) (Entered: 05/31/1996)

Defendants' Reply To Plaintiffs' Oppositon To Defendants' otion to reopen file [1267-1], re motion vacate permanent injunction [1267-2], re motion dismiss action [1267-3] (ECH) (Entered: 06/13/1996)

ORDER by Chief Judge Wm. Fremming Nielsen setting motion to reopen file [1267-1] ; w/o oral argument 4:30 8/9/96, setting motion vacate permanent injunction [1267-2] ; w/o oral argument 4:30 8/9/96, setting motion dismiss action [1267-3] ; w/o oral argument 4:30 8/9/96 (cc: all counsel) (ECH) (Entered: 06/18/1996)

Plaintiffs' Response To New Issue Raised By Defendants' Reply (ECH) (Entered: 07/01/1996)

ORDER by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: Plaintiffs shall file additional briefing concerning only the applicability of the Prisoner Litigation Reform Act no later than September 3, 1996. Defendants shall file a response no later than September 20, 1996. A hearing without oral argument is set for September 23, 1996. The August 9, 1996 hearing date is STRICKEN. setting motion to reopen file [1267- 1] at 4:30 9/23/96, setting motion vacate permanent injunction [1267-2] at 4:30 9/23/96, setting motion dismiss action [1267-3] at 4:30 9/23/96 (cc: all counsel) (ECH) (Entered: 08/06/1996)

ORDER by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: 1. The deadline for Plaintiffs' additional briefing concerning the Prison Litigation Reform Act, established by the Court's Order dated August 6, 1996, is EXTENED by one day. Plaintiffs' briefing shall be due no later than September 4, 1996. 2. all other dates set by the August 6, 1996, Order shall REMAIN IN EFFECT.(cc: all counsel) (ECH) (Entered: 08/23/1996)

Plaintiffs' MOTION To File An Overlength Brief (ECH) (Entered: 09/05/1996)

Notice by plaintiff John Wait Of Constitutional Question (ECH) (Entered: 09/05/1996)

Declaration Of David C. Faith (ECH) (Entered: 09/05/1996)

Proof of service by plaintiff of: pldgs. #1279-1281 & overlength Brief (ECH) (Entered: 09/05/1996)

NOTICE OF CERTIFICATION by Chief Judge Wm. Fremming Nielsen Pursuant to 28 U.S.C. Sect 2403, this Court CERTIFIES to the above- referenced Act of Confress has been drawn into question (cc: all counsel) (ECH) (Entered: 09/17/1996)

Proposed Stipulation And Order On Motion For Extension Of Time To File Pleading re: submitted by plaintiff, defendants, (ECH) (Entered: 09/23/1996)

Defendants' Response To Plaintiffs' Brief On Applicability Of PLRA (ECH) (Entered: 09/27/1996)

Statement Of Interest Of The United States (ECH) (Entered: 10/02/1996)

Stipulation and ORDER by Chief Judge Wm. Fremming Nielsen : IT IS HEREBY ORDERED that the Defendants' response to plaintiffs' additional briefing concerning the applicability of the Prisoner Litigation Reform Act shall be as stipulated. (cc: all counsel) (ECH) (Entered: 10/04/1996)

Plaintiffs' MOTION To Compel Responses To Discovery Requests And Inspection (ECH) (Entered: 10/11/1996)

Memorandum In Support Of Plaintiffs' Motion To Compel Responses To Discovery Requests And Inspection [1287-1] (ECH) (Entered: 10/11/1996)

Declaration Of David C. Faiti (ECH) (Entered: 10/11/1996)

Notice by plaintiffs of hearing setting motion To Compel Responses To Discovery Requests And Inspection [1287-1] (w/o oral argument 4:30 11/18/96 ) (ECH) (Entered: 10/11/1996)

ORDER by Chief Judge Wm. Fremming Nielsen granting motion To Compel Responses To Discovery Requests And Inspection [1287-1], granting motion to reopen file [1267-1], Ruling on motion vacate permanent injunction [1267-2] is reserved, Ruling on motion dismiss action [1267-3] is reserved ; Telephone status conf will be held in this matter on 8:30 2/3/97 Spokane, WA (cc: all counsel) (ECH) (Entered: 10/16/1996)

Report Of Plaintiffs' Expert (ECH) (Entered: 01/02/1997)

Defendants' Response To Report Of Patrick McManus (ECH) (Entered: 02/03/1997)

Status Conference Order by Chief Judge Wm. Fremming Nielsen ; tele status conference set 8:30 5/5/97, staying (cc:all counsel) (ECH) (Entered: 02/03/1997)

Telephonic Status Conference Hearing : before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH) (Entered: 02/03/1997)

Status Conference Order by Chief Judge Wm. Fremming Nielsen tele status conference set 8:00 6/19/97 (cc:all counsel) (ECH) (Entered: 05/05/1997)

Telephonic Status Conference Hearing: before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH) (Entered: 05/05/1997)

Telephonic Status Conference Hearing : before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH) (Entered: 06/19/1997)

ORDER by Chief Judge Wm. Fremming Nielsen ; Settlement papers & draft of proposed notice 4:30 8/8/97 , ; Telephone status conf reset to 8:00 8/11/97 Spokane, WA (cc: all counsel) (ECH) (Entered: 07/18/1997)

Pink slip routed ; Telephone status conf reset 8:00 8/14/97 Spokane, WA (MB) (Entered: 08/08/1997)

Stipulated MOTION For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class (ECH) (Entered: 08/13/1997)

Proposed Order re: motion For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class [1298-1] (ECH) (Entered: 08/14/1997)

Proposed Notice To All Inmates Regarding Proposed Settlement Of Class Action re: motion For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class [1298-1] (ECH) (Entered: 08/14/1997)

NOTICE TO ALL INMATES REGARDING PROPOSED SETTLEMENT OF CLASS ACTION by Chief Judge Wm. Fremming Nielsen granting Motion For Order Provisionally Approving Settlement Of Class And Directing Notice To The Class [1298-1] (cc: all counsel) (ECH) (Entered: 08/14/1997)

ORDER PROVISIONALLY APPROVING SETTLEMENT AND DIRECTING NOTICE TO CLASS by Chief Judge Wm. Fremming Nielsen granting motion For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class [1298-1] (cc: all counsel) (ECH) (Entered: 08/14/1997)

Plaintiff Demos' Objection To The Proposed Settlement And Lifting Of The Injunction (ECH) (Entered: 09/02/1997)

Plaintiff Denis' 2nd Objection To The Court's Provisional Approval Of A Proposed Settlement Of Suit (ECH) (Entered: 09/03/1997)

Objections To Order by Jai'mar Scott (ECH) (Entered: 09/04/1997)

Objections by Michael D. Oswald to order [1300-1] (LE) (Entered: 04/15/1999)

Objections by Efren Lopez Gamboa to order [1299-1] (PW) (Entered: 09/25/1997)

Objections to proposed settlement of class action by Troy Richard Talbot re: order [1299-1] (PW) (Entered: 09/25/1997)

MOTION to intervene as an original party plaintiff (PW) (Entered: 09/26/1997)

Affidavit of John Demos regarding motion to intervene as an original party plaintiff (PW) (Entered: 09/26/1997)

Notice of hearing setting motion to intervene as an original party plaintiff [1307-1] (w/o oral argument 10/10/97 ) (PW) (Entered: 09/26/1997)

Proof of service of: #1307-1309 (PW) (Entered: 09/26/1997)

Objections By Carl Dalby to order [1300-1], order [1299-1] (ECH) (Entered: 09/29/1997)

Objections By Christina Ann Dalton aks Matthew Dalton to order [1300- 1], order [1299-1] (ECH) (Entered: 09/29/1997)

Objections By Norm John Trapp To order [1300-1], order [1299-1] (ECH) (Entered: 09/29/1997)

Objections By Timothy E. Caffrey to order [1300-1], order [1299-1] (ECH) (Entered: 10/01/1997)

Objections by Bud A. Larson to order [1300-1] (LE) (Entered: 04/15/1999)

Objections by Lawrence Keller to order [1300-1] (LE) (Entered: 04/15/1999)

Objections To Lifting Of Injunction order [1300-1], order [1299-1] (ECH) (Entered: 10/03/1997)

Objection Of Timothy E. Cafrey (ECH) (Entered: 10/23/1997)

MOTION For Party Plaintiff Intervention To "Enforce" The Terms Of The Injunction (ECH) Modified on 10/23/1997 (Entered: 10/21/1997)

MOTION For Judicial Notice Of The Denial Of Adequate Mental Health Treatment At The Washington State Penitentiary (ECH) Modified on 01/08/1998 (Entered: 10/28/1997)

Notice of hearing setting motion For Judicial Notice Of The Denial Of Adequate Mental Health Treatment At The Washington State Penitentiary [1317-1] (w/o oral argument 4:30 11/14/97 ) (ECH) Modified on 01/08/1998 (Entered: 10/28/1997)

Proof of service of: pldgs. #1317 & 1318 (ECH) Modified on 01/08/1998 (Entered: 10/28/1997)

MOTION For Order To Compel Defendants To Comply With The Terms Of The Injunction (ECH) Modified on 01/08/1998 (Entered: 10/31/1997)

Notice of hearing setting motion For Order To Compel Defendants To Comply With The Terms Of The Injunction [1320-1] (w/o oral argument 4:30 11/14/97 ) (ECH) Modified on 01/08/1998 (Entered: 10/31/1997)

Proof of service of: pldgs. #1321 and 1322 (ECH) Modified on 01/08/1998 (Entered: 10/31/1997)

MOTION For The Taking Of Judicial Notice (ECH) Modified on 01/08/1998 (Entered: 11/28/1997)

Notice of hearing setting motion For The Taking Of Judicial Notice [1323-1] (w/o oral argument 4:30 12/8/97 ) (ECH) Modified on 01/08/1998 (Entered: 11/28/1997)

ORDER by Chief Judge Wm. Fremming Nielsen (An Order of Contempt against John Demos was entered 8/26/91 in Case No. CS-91-0027-JBH which prohibits Mr. Demos from initiating any civil actions in the USDC-EDWA; This Court considers the motions filed by Mr. Demos in the instant case an attempt on his part to initiate civil actions in the USDC-EDWA, ... Accordingly, the following motions filed by John R. Demos are stricken: striking motion to intervene as an original party plaintiff [1307-1], striking motion For Party Plaintiff Intervention To "Enforce" The Terms Of The Injunction [1317-1], striking motion For Judicial Notice Of The Denial Of Adequate Mental Health Treatment At The Washington State Penitentiary [1318-1], striking motion For Order To Compel Defendants To Comply With The Terms Of The Injunction [1321-1], striking motion For The Taking Of Judicial Notice [1324-1] : Case mgmt ddl set 4/3/98 by which date pltf's counsel shall respond to the Objections entered by Class members; defts shall then respond to pltf's submission no later than 4/17/98; the Court shall schedule a hearing if one is deemed necessary (cc: all counsel) (LE) (Entered: 03/03/1998)

Response by plaintiffs to objections to proposed settlement (PW) (Entered: 04/02/1998)

Response by defendants to plaintiffs' response to objections to proposed settlement [1326-1] (LE) (Entered: 04/17/1998)

Affidavit of Tanna Wood regarding response (LE) (Entered: 04/17/1998)

Proof of service by defendants of: #1327-#1328 (LE) (Entered: 04/17/1998)

Pink slip routed ; Telephone status conf set 3:30 10/26/98 Spokane, WA (FmrEmp) (Entered: 10/16/1998)

MINUTES: TELE STAT CONF Hrg Location: S/WFN; Topper Baker court reporter; court to review case law and proceed accordingly regarding settlement agreement (LE) (Entered: 10/27/1998)

Amended Response by plaintiffs [1326-1] to Proposed Settlement (LE) (Entered: 11/16/1998)

ORDER by Chief Judge Wm. Fremming Nielsen approving the parties' Proposed Settlement of this matter styled "Memorandum of Understanding" [1298-1]; the parties have until 6/14/99 to simultaneously submitproposed FFCL for the court to consider before vacating the permanent injunction; parties have until 7/12/99 to submit simultaneous responses to the parties' proposed FFCL; the court will take the matter under advisement (cc: all counsel) (LE) (Entered: 05/13/1999)

Proposed Findings of fact and conclusions of law by plaintiffs (LE) (Entered: 06/14/1999)

Proposed Findings of fact and conclusions of law by defendants (LE) (Entered: 06/14/1999)

Response by plaintiff to dfts' proposed findings of fact [1336-1] (LE) (Entered: 07/12/1999)

Response by defendants to pltfs' proposed findings of fact [1335-1] (LE) (Entered: 07/12/1999)

Affidavit of Fact Pursuant to 28 USC 1746 (signed by John Demos and other WSP Inmates) (LE) (Entered: 07/14/1999)

Affidavit Pursuant to 28 USC 1746 signed by John Demos and other WSP Inmates (LE) (Entered: 07/14/1999)

Affidavit Pursuant to 28 USC 636 signed by John Demos and other WSP Inmates (LE) (Entered: 07/14/1999)

Proof of service by John Demos and other WSP Inmates of: #1339-#1341 (LE) (Entered: 07/14/1999)

CIVIL RIGHTS COMPLAINT BY PRISONER (John Robert Demos) Fee-status: Receipt #: (LE) (Entered: 08/19/1999)

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER by Chief Judge Wm. Fremming Nielsen: the parties' proposed settlement of this matter styled "Memorandum of Understanding" Ct.Rec.1298 is APPROVED and incorporated by reference and the permanent injunction in this matter is TERMINATED and this matter is DISMISSED WITH PREJUDICE; the Court retains jurisdiction for the limited purpose of adjudicating any remaining attorney fees and costs issues; the parties shall submit a joint stmt addressing the status of these issues by 9/17/99; DCE directed to RECLOSE THIS FILE terminating case COB: 167-88 (cc: all counsel) (LE) (Entered: 08/19/1999)

Joint Statement by plaintiff, defendant pursuant to Court's Order of 8/19/99 (LE) (Entered: 09/17/1999)

ORDER by Chief Judge Wm. Fremming Nielsen Case mgmt ddl set 12/1/99 to file mtn or request for fees or costs by any party in this matter DCE directed to RECLOSE this file (cc: all counsel) (LE) (Entered: 09/21/1999)

PROPOSED RECEIVED Stipulation and Order Re Request for Attorney Fees submitted by plaintiff, defendant (LE) (Entered: 12/01/1999)

PROPOSED RECEIVED Stipulation and Order re: Attorney Fees (KH) (Entered: 12/22/1999)

Stipulation and ORDER Re Attorney Fees by Chief Judge Wm. Fremming Nielsen: per stipulation, w/in 30 days of this Order dfts shall pay to pltfs' counsel $45,000.00 in attorney fees and $1,409.06 in costs in full and final settlement of all pltfs' claims for atty fees and costs in this action (cc: all counsel) (LE) (Entered: 01/03/2000)

Ex Parte MOTION for Evidence by James S. Vaccaro (w/proposed order and afdt of mailing on USDC attached) (LE) (Entered: 03/01/2000)

ORDER by Chief Judge Wm. Fremming Nielsen denying motion for Evidence [1351-1] (cc: all counsel, James S. Vaccaro at WSP) (LE) (Entered: 03/27/2000)

Pr Se MOTION to joinder third party plaintiff no hearing set (LE) (Entered: 07/24/2000)

Letter to court by James S. Vaccaro (LE) (Entered: 07/26/2000)

ORDER by Chief Judge Wm. Fremming Nielsen denying as moot Vaccaro's ex parte motion to joinder third party plaintiff [1353-1] (cc: all counsel, Mr. Vaccaro) (LE) (Entered: 08/28/2000)