Case: Miniken v. Walter

Minikin v. Walter

COMPLAINT Fee-status: pd Receipt #: 35391 (FmrEmp) (Entered: 07/26/1996)

COMPLAINT Fee-status: pd Receipt #: 35391 (FmrEmp)

COMPLAINT Fee-status: pd Receipt #: 35391 (FmrEmp) (Entered: 07/24/1996)

Law Clerk assigned to case is 2 (admin)

Law Clerk assigned to case is 2 (admin) (Entered: 07/30/1996)

ORDER DIRECTING SERVICE (by Senior Judge Justin L. Quackenbush); USM directed to serve dft; response due 10/10/96; Defendants are DIRECTED to respond to Pltff's Motion for Temporary Restraining Order and/or Preliminary Injunction within eleven (11) calendar days of the date of this Order. Pltff shall have five (5) days, excluding weekends and holidays, after service of the Defendant's memorandum to file a reply memorandum. (cc: all counsel) (FmrEmp) Modified on 08/26/1996 (Entered: 08/26/1996)

ORDER OF REFERENCE TO FEDERAL JUDICIAL MEDIATOR by Senior Judge Justin L. Quackenbush IT IS ORDERED that: 1. This case is REFERRED to Federal Judicial Mediator, Frank Hayes Johnson, for evaluation and mediation. (cc: all counsel) (ECH) (Entered: 08/26/1996)

Law Clerk assigned to case is pp (admin) (Entered: 08/29/1996)

Law Clerk assigned to case is pp (admin)

ATTORNEY APPEARANCE for defendants ; Atty Colleen B Evans appearing (ECH) (Entered: 09/05/1996)

Defendants' Memorandum In Opposition To Plaintiff's Motion For Temporary Restraining Order And/Or Preliminary Injunctive Relief (ECH) (Entered: 09/05/1996)

WAIVER of SERVICE by defendant David Buss (Fax copy) (ECH) (Entered: 09/16/1996)

WAIVER of SERVICE by defendant Kay Walter ; (ECH) (Entered: 09/18/1996)

Notice by plaintiff Donald W Miniken of hearing setting motion For Extension Of Time To File Plaitniff's Reply To Defendants Opposition To Motion For Temporary Restraining Order And/Or Preliminary Injunction [8-1] (w/o oral argument 4:30 9/30/96 ) (ECH) (Entered: 09/19/1996)

Proof of service by plaintiff Donald W Miniken of: pldgs #8 & 9 (ECH) (Entered: 09/19/1996)

MOTION by plaintiff Donald W Miniken For Extension Of Time To File Plaitniff's Reply To Defendants Opposition To Motion For Temporary Restraining Order And/Or Preliminary Injunction (ECH) (Entered: 09/19/1996)

SUMMONS/RETURN OF SERVICE executed upon defendant Kay Walter, defendant David Buss (ECH) (Entered: 10/22/1996)

Declaration Of Donald W. Miniken In Support Of Motion For Temporary Restraining Order And/Or Preliminary Injunction (ECH) (Entered: 11/07/1996)

Report Of Parties' 26(f) Meeting (ECH) (Entered: 11/13/1996)

Plaintiff's Status Report (ECH) (Entered: 11/13/1996)

ANSWER by defendants (PW) (Entered: 11/25/1996)

Proof of service by defendants of: #15 (PW) (Entered: 11/25/1996)

Telephonic Status Conference Hearing : before Senior Judge Justin L. Quackenbush Hrg Location: Spokane; no court reporter (ECH) (Entered: 11/22/1996)

Telephonic Status Conference Hearing : before Senior Judge Justin L. Quackenbush Hrg Location: Spokane; no court reporter (ECH)

SCHEDULING ORDER by Senior Judge Justin L. Quackenbush Disp mtn ddl: 3/3/97, Defts shall file their motion for summary judgment; resp by 3/31/97; reply by 4/10/97; telep oral arg, if requested shall be set by court once briefing is completed (cc:all counsel) (PW) (Entered: 11/25/1996)

Notice by defendants of association of attorney Martin E Wyckoff (ECH) (Entered: 12/02/1996)

ORDER by Senior Judge Justin L. Quackenbush finding the motion For Extension Of Time To File Plaitniff's Reply To Defendants Opposition To Motion For Temporary Restraining Order And/Or Preliminary Injunction [8-1] moot. (cc: all counsel) (ECH) (Entered: 02/10/1997)

Defendants' Memorandum In Support Of Defendants' Motion For Summary Judgment (ECH) (Entered: 03/03/1997)

Defendants' Statement Of Material Facts In Support Of Defendants' Motion For Summary Judgment [20-1] (ECH) (Entered: 03/03/1997)

Notice by defendants of hearing setting motion [20-1] (w/o oral argument 4:30 4/28/97 ) (ECH) (Entered: 03/03/1997)

Proof of service by defendants of: pldgs. #20-22 & Proposed Order (ECH) (Entered: 03/03/1997)

Proposed Order re: motion [20-1] submitted by defendants (ECH) (Entered: 03/03/1997)

Proposed Order re: motion [20-1] submitted by defendants (ECH)

Plaintiff's Reply To Defendant's Opposition To Motion For Temporary Restraining Order And/Or Preliminary Injunction (ECH) (Entered: 03/07/1997)

Letter to court from plaintiff Donald W Miniken (ECH) (Entered: 03/07/1997)

ATTORNEY APPEARANCE for Donald W Miniken ; Atty Michael W Gendler appearing (ECH) (Entered: 03/24/1997)

Plaintiff's Re-Submission Of Plaintiff's Reply Memorandum In Support Of Motion For Preliminary Injunction (ECH) (Entered: 03/24/1997)

Proof of service by plaintiff Donald W Miniken of: pldgs. # 26 & 27 (ECH) (Entered: 03/24/1997)

Stipulation On Summary Judgment Briefing (ECH) (Entered: 03/28/1997)

Proposed Order re: stipulation [29-1] (ECH) (Entered: 03/28/1997)

Proposed Order re: stipulation [29-1] (ECH)

ORDER APPROVING STIPULATION AND REVISING SCHEDULING ORDER by Senior Judge Justin L. Quackenbush IT IS HEREBY ORDERED: 1. The parties' stipulation is approved: 2. Plaintiff's response shall be due on or before April 23, 1997; 3. Defendants' reply to plaintiff's response shall be due on or before May 7, 1997. 4. Oral argument on defendants' motion for summary judgment, if requested, shall be set by the court once briefing on the motion is completed. stipulation [29-1] (cc: all counsel) (ECH) (Entered: 04/03/1997)

Plaitniff's MOTION For Leave To Take Depositions And For Expedited Ruling (ECH) (Entered: 04/07/1997)

Plaitniff's Memorandum In Support Of Motion For Leave To Take Depositions [31-1] And, For Expedited Ruling [31-2] (ECH) (Entered: 04/07/1997)

Declaration Of Michael W. Gendler In Support Of Motion For Leave To Take Depositions [31-1], And For Expedited Ruling [31-2] (ECH) (Entered: 04/07/1997)

Notice by plaintiff of hearing setting motion For Leave To Take Depositions [31-1] (w/o oral argument 4:30 5/9/97 ), setting motion For Expedited Ruling [31-2] (w/o oral argument 4:30 5/9/97 ) (ECH) (Entered: 04/07/1997)

Proof of service by plaintiff of: pldgs. #31-34 & Proposed Order (ECH) (Entered: 04/07/1997)

Proposed Order re: motion For Leave To Take Depositions [31-1], motion For Expedited Ruling [31-2] submitted by plaintiff Donald W Miniken (ECH) (Entered: 04/07/1997)

Proposed Order re: motion For Leave To Take Depositions [31-1], motion For Expedited Ruling [31-2] submitted by plaintiff Donald W Miniken (ECH)

ORDER Granting Motion For Leave To Take Depositions And For Expedited Hearing by Senior Judge Justin L. Quackenbush granting plaintiff's motion For Leave To Take Depositions [31-1], granting motion For Expedited Ruling [31-2] defendants Kay Walter and David Buss shall sit for their depositions on or before 4/16/97 at a time and place to be agreed upon by counsel (cc: all counsel) (PW) (Entered: 04/11/1997)

Stipulation on Summary Judgment Briefing (LAM) (Entered: 04/24/1997)

Proposed Order Approving Stipulation and Revising Scheduling Order (LAM)

Plaintiff's Memorandum In Opposition To Defendants' Motion For Summary Judgment, [20-1] And In Support Of Cross-Motion (ECH) Modified on 04/25/1997 (Entered: 04/25/1997)

Plaintiff's Statement Of Material Facts In Opposition To Defendants' Motion For Summary Judgment And In Support Of Plaintiff's Cross Motion For Summary Judgment [20-1] (ECH) (Entered: 04/25/1997)

Declaration If Donald W. Miniken In Opposition To Defendants' Motion For Summary Judgment [20-1] (ECH) (Entered: 04/25/1997)

Declaration Of Rollin Wright (ECH) (Entered: 04/25/1997)

Declaration Of Michael W. Gendler Re: Summary Judgment (ECH) (Entered: 04/25/1997)

Declaration Of Julya Hampton (ECH) (Entered: 04/25/1997)

Declaration Of Harold J. Tapia (ECH) (Entered: 04/25/1997)

Declaration Of Brian K. Richardson (ECH) (Entered: 04/25/1997)

Declaration Of Steven W. Ritchie (ECH) (Entered: 04/25/1997)

Proof of service by Donald W Miniken of: pldgs. #38-46 (ECH) (Entered: 04/25/1997)

ORDER APPROVING STIPULATION AND REVISING SCHEDULING ORDER by Senior Judge Justin L. Quackenbush granting stipulation [37-1] IT IS HEREBY ORDERED: 1. The fparties' stipulation is approved; 2. Plaintiff's response shall be due on or before April 25, 1997; 3. Defendants' reply to plaintiff 's response shall be due on or before May 12, 1997; 4. Oral argument on defendants' motion for summary judgment, if requested, shall be set by the court once briefing on the motion is completed. (cc: all counsel) (ECH) (Entered: 05/02/1997)

NOTICE of Attorney Withdrawal attorney Martin E Wyckoff for David Buss, attorney Martin E Wyckoff for Kay Walter (ECH) (Entered: 05/07/1997)

Supplemental Declaration Of Michael W. Gendler Re: Summary Judgment [20-1] (ECH) (Entered: 05/09/1997)

Defendants' Supplemental Statement Of Material Facts In Support Of Defendants' Motion For Summary Judgment And In Opposition To Plaintiff's Cross-Motion For Summary Judgment [20-1] (ECH) (Entered: 05/12/1997)

Declaration Of Colleen B. Evans In Support Of Motin For Summary Judgment [20-1] (ECH) (Entered: 05/12/1997)

Proof of service by defendants of: pldgs #51 & 52 (ECH) (Entered: 05/12/1997)

Defendants' Reply Memorandum In Support Of Defendants' Motion For Summary Judgment And In Opposition To Plaintiff's Cross-Motion For Summary Judgment [20-1] (ECH) (Entered: 05/13/1997)

Memorandum Opinion And Order Granting Plaintiff's Motion For Summary Judgment And Denying Defendants' Motion For Summary Judgment by Senior Judge Justin L. Quackenbush - IT IS FURTHER ORDERED: 1. Defendants are HEREBY PERMANENTLY ENJOINED from prohibiting delivery of an inmate's paid-for subscription to a profit or nonprofit publication based only on the fact that it is mailed to the inmate by "standard mail." This injunction in no way prohibits Defendants from prohibiting mass mailings or other truly "bulk mail" that are mailed to the institution by "standard mail." 2. On or before September 12, 1997 the parties shall serve and file any statement concerning an appropriate damage award. Plaintiff is also entitled to recover his reasonable attorney fees. On or before September 12, 1997, counsel for Plaintiff shall serve and file a statment setting forth the hours expended and the reasonable fee per hour to litigate this case. Defendants shall serve and file any objections on or before September 19, 1997. The court will then direct entry of a Final Judgment including an appropriate award of damages and a reasonable award of attorney fees. denying motion [20-1] (cc: all counsel) COB: 153-83 (ECH) (Entered: 08/26/1997)

Plaintiff's Statement On Damages (ECH) (Entered: 09/12/1997)

Plaintiff's Statement On Reasonable Attorneys' Fees (ECH) (Entered: 09/12/1997)

Proof of service by plaintiff Donald W Miniken of: pldgs. #56 & 57 (ECH) (Entered: 09/12/1997)

Defendants' Statement In Opposition To Plaintiff's Statement On Damages And Statement On Reasonable Attorneys' Fees (ECH) (Entered: 09/18/1997)

Plaikntiff's Reply To Defendants' Statement On Damages And Reasonable Attorneys' Fees [59-1] (ECH) (Entered: 09/23/1997)

Notice of appeal by defendant Kay Walter, defendant David Buss from Dist. Court decision - Memorandum Opinion & Order Granting Pltff's Motion for Summary Judgment & Denying Defts' Motion for Summary Judgment filed 8/26/97 [55-1] (cc: all counsel and 9CCA) (VR) (Entered: 09/26/1997)

Supplemental Statement of costs by plaintiff, (PW) (Entered: 09/25/1997)

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. (VR) (Entered: 09/26/1997)

Copy 9CCA certificate of record - Original forwarded to 9CCA (NO REPORTED/RECORDED PROCEEDINGS) (VR) (Entered: 09/26/1997)

Notification by Circuit Court of Appellate Docket Number [62-1] 9CCA Number: 97-35913 Date appeal filed: 9/24/97 (VR) (Entered: 10/06/1997)

COPY of 9CCA Time Schedule Order (CCA: 97-35913) (Opening brief 11/12/97; Appellee's brief 12/12/97) (VR) (Entered: 10/06/1997)

ORDER DIRECTING ENTRY OF JUDGMENT, STAYING REQUEST FOR PUNITIVE DAMAGES, AND AWARDING REASONABLE ATTORNEY FEES by Senior Judge Justin L. Quackenbush for judgment (cc: all counsel) COB-154-84 (ECH) (Entered: 10/15/1997)

JUDGMENT: by Senior Judge Justin L. Quackenbush (cc: all counsel) COB: 154-85 (ECH) (Entered: 10/15/1997)

Bill of costs submitted by plaintiff Donald W Miniken (ECH) (Entered: 10/24/1997)

Bill of costs submitted by plaintiff Donald W Miniken (ECH)

Notice of appeal by plaintiff Donald W Miniken from Dist. Court decision: Order directing Entry of Judgment, Staying request for Punitive Damages and awarding reasonable atty fees dated 10/15/97 [67-2] (cc: all counsel and 9CCA) (KH) (Entered: 11/20/1997)

Declaration by plaintiff Donald W Miniken re appeal [69-1] (KH) (Entered: 11/20/1997)

Copy 9CCA Docket Fee Payment Notification form. Original Fee Payment form, case information sheet and copy of docket entries forwarded to 9CCA. Fee paid: Receipt 038227 (KH) Modified on 11/20/1997 (Entered: 11/20/1997)

Copy 9CCA certificate of record - Original forwarded to 9CCA (KH) (Entered: 11/20/1997)

Costs taxed for plaintiff Donald W Miniken in the amount of $ 1,601.27 against Kay Walter, David Buss (cc: all counsel) (ECH) (Entered: 11/21/1997)

Plaintiff's MOTION To Publish Memorandum Opinion (ECH) (Entered: 11/28/1997)

Plaintiff's Memorandum In Support Of Motion To Publish Memorandum Opinion [74-1] (ECH) (Entered: 11/28/1997)

Notice by plaintiff Donald W Miniken of hearing setting motion To Publish Memorandum Opinion [74-1] (w/o oral argument 4:30 1/5/98 ) (ECH) (Entered: 11/28/1997)

Proof of service by plaintiff Donald W Miniken of: pldgs. #74-76 (ECH) (Entered: 11/28/1997)

Notification by Circuit Court of Appellate Docket Number [69-1] 9CCA Number: 97-36072 Date appeal filed: 11/13/97 (KH) (Entered: 12/03/1997)

COPY of 9CCA Time Schedule Order (KH) (Entered: 12/03/1997)

ORDER by Senior Judge Justin L. Quackenbush granting motion To Publish Memorandum Opinion [74-1] (cc: all counsel) (ECH) (Entered: 12/18/1997)

Notice of Withdrawal and Substitution of counsel: Nancy Joan Krier, Eric Andrew Mentzer replacing attorney Colleen B Evans and Mary E. Fairhurst for David Buss, attorney Colleen B Evans and Mary E Fairhurst for Kay Walter (LE) (Entered: 05/14/1998)

End file #3 (LE) (Entered: 05/15/1998)

End file #3 (LE)