Hernandez v. Arpaio et al
Court Docket Sheet

2:2016-cv-01618 (azd)

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Description
1
05/25/2016
PRISONER CIVIL RIGHTS COMPLAINT. Filing fee received: $400.00, receipt number 0970-13006918 filed by Oscar Hernandez. (documents signed by Jeffrey Finley, but submitted using the log-in and password belonging to attorney Garrett Wotkyns)
1
Civil Cover Sheet)(REK
1 Attachment
2
05/25/2016
SUMMONS Submitted by Oscar Hernandez (documents prepared by attorney Jeffrey Finley, but submitted using the ECF log-in and password belonging to attorney Garrett Wotkyns).
3
05/25/2016
NOTICE OF ASSIGNMENT:
4
05/26/2016
NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Oscar Hernandez. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Jeffrey Finley but submitted using the log-in and password belonging to attorney Garrett Wotkyns. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
5
07/06/2016
ORDER - Defendants Kratzer and Fieldcamp are dismissed without prejudice. Defendant Arpaio must answer the Complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. If Plaintiff does not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on Defendant Arpaio within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed. This matter is referred to Magistrate Judge John F. Metcalf pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Judge John J Tuchi on 7/6/2016.
6
09/01/2016
SUMMONS Submitted by Oscar Hernandez.
7
09/02/2016
Summons Issued as to Joseph M Arpaio. (HLA). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
8
09/22/2016
ANSWER to 1 Complaint with Jury Demand by Joseph M Arpaio.
9
09/23/2016
SCHEDULING ORDER: Discovery due by 2/21/2017. Dispositive motions due by 3/21/2017. See PDF for details. Signed by Magistrate Judge James F Metcalf on 9/22/16.
10
10/12/2016
SERVICE EXECUTED filed by Oscar Hernandez: Certificate of Service re: Summons in a Civil Action, and Complaint upon Joseph M. Arpaio, Maricopa County Sheriff on 09/02/2016.
11
11/01/2016
NOTICE of Service of Discovery filed by Joseph M Arpaio.
12
11/01/2016
NOTICE of Service of Discovery filed by Oscar Hernandez.
13
11/21/2016
REPORT of Rule 26(f) Planning Meeting by Oscar Hernandez.
14
11/28/2016
ORDER: Discovery due by 2/20/2017. Dispositive motions due by 6/19/2017. In all other respects, the Court's original scheduling Order filed September 23, 2016 (Doc. 9), including extension of deadlines as a result of pending dispositive motions, shall remain in effect. See document for further details. Signed by Magistrate Judge James F Metcalf on 11/28/2016.
15
12/12/2016
*NOTICE of Service of Discovery re Defendant's First Supplemental Rule 26(a)(1) Disclosure Statement by Joseph M Arpaio. *Modified to correct event type on 12/12/2016
16
12/21/2016
MOTION to Amend/Correct 1 Complaint by Oscar Hernandez.
1
Exhibit First Amended Complaint
2
Text of Proposed Order Proposed Order
2 Attachments
17
01/12/2017
ORDER granting 16 Plaintiff's Motion to Amend. Within fourteen days of the filing of this Order, Plaintiff shall either: lodge a proposed amended complaint in accordance with that attached to his Motion (Doc. 16) or file a response to this order showing cause why this case should not be dismissed. Signed by Magistrate Judge James F Metcalf on 1/12/17.
18
01/13/2017
NOTICE re: Substitution by Joseph M Arpaio.
19
01/13/2017
NOTICE of Deposition of Plaintiff: Oscar Hernandez, filed by Joseph M Arpaio.
20
01/26/2017
MOTION for Extension of Time Request for Enlargement of Time to Respond to Court's Order to Show Cause or to Obtain the Consent of the Bankruptcy Trustee by Oscar Hernandez.
1
Text of Proposed Order Proposed Order
1 Attachment
21
01/27/2017
ORDER granting 20 Plaintiff's Motion for Extension of Time Deadline. Plaintiff shall have through February 3, 2017 to comply with the Court's Order filed January 12, 2017. Signed by Magistrate Judge James F Metcalf on 1/27/17.
22
02/03/2017
MOTION for Extension of Time Request for Enlargement of Time to Respond to Court's Order to Show Cause or to Obtain the Consent of the Bankruptcy Trustee by Oscar Hernandez.
1
Text of Proposed Order Proposed Order
1 Attachment
23
02/06/2017
ORDER granting 22 Plaintiff's Motion for Extension of Time Deadline. Plaintiff shall have through February 10, 2017 to comply with the Court's Order filed January 12, 2017 (Doc. 17). Signed by Magistrate Judge James F Metcalf on 2/6/17.
24
02/10/2017
MOTION for Extension of Time Request for Additional Time to Obtain the Trustee's Consent to Being Named as the Real Party in Interest and Response to Court's Order to Show Cause by Oscar Hernandez.
1
Text of Proposed Order
1 Attachment
25
02/27/2017
NOTICE re: NOTICE OF SERVICE OF SUBPOENA TO PRODUCE DOCUMENTS TO WESLEY COMMUNITY AND HEALTH CENTER by Paul Penzone.
26
03/06/2017
ORDER denying 24 Plaintiff's Motion for Extension of Time. Plaintiff shall have seven days from the filing of this Order to lodge a revised proposed amended complaint in the form proposed with Plaintiff's Motion to Amend (Doc. 16). Plaintiff shall serve such revised proposed amended complaint on Defendant Arpaio. Defendant Arpaio shall have seven days from the service of such revised proposed amended complaint to object to the form of the proposed amended complaint. See PDF document for details. Signed by Magistrate Judge James F Metcalf on 3/6/17.
27
03/14/2017
NOTICE re: Notice of Lodging of Plaintiff's First Amended Complaint by Oscar Hernandez.
1
Exhibit A
1 Attachment
28
03/14/2017
AMENDED COMPLAINT Plaintiff's First Amended Complaint against Joseph M Arpaio, Unknown Fieldcamp, Larry Kratzer filed by Oscar Hernandez.
29
03/15/2017
ORDER - IT IS THERFORE ORDERED that pursuant to Local Civil Rule 16.2(b)(2) (B), Plaintiff shall have through June 12, 2017 to complete service of the Amended Complaint (Doc. 28), this Order, and the Court's Order filed January 12, 2017 (Doc. 17), on Defendants Kratzer and Fieldcamp. Said Defendants shall answer such amended complaint or otherwise respond by appropriate motion within the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that pursuant to Federal Rule of Civil Procedure 15(a) (3), Defendant Penzone shall have through March 31, 2017 to respond to the Amended Complaint (Doc. 28). IT IS FURTHER ORDERED that any answer or responsive pleading shall state the specific Defendant(s) by name on whose behalf it is filed. The Court may strike any answer, responsive pleading, or other motion or paper that does not identify the specific Defendant(s) by name on whose behalf it is filed. (See document for further details). Signed by Magistrate Judge James F Metcalf on 3/15/17.
30
03/30/2017
ANSWER to 28 Amended Complaint with Jury Demand ANSWER TO FIRST AMENDED COMPLAINT DEMAND FOR JURY TRIAL PER RULE 38, Fed. R. Civ. P. by Paul Penzone.
31
04/06/2017
NOTICE of Service of Discovery filed by Paul Penzone.
32
05/25/2017
NOTICE of Service of Discovery filed by Joseph M Arpaio.
33
06/13/2017
NOTICE of Service of Discovery filed by Joseph M Arpaio.
34
06/19/2017
MOTION for Summary Judgment DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Joseph M Arpaio. Modified on 8/15/2017
35
06/19/2017
*STATEMENT OF FACTS in support re 34 MOTION FOR SUMMARY JUDGMENT by Defendant Joseph M Arpaio.
1
Exhibit Index) *Modified to add document number on 6/19/2017 (LSP
1 Attachment
36
06/21/2017
ORDER that within seven days of the filing of this Order, Plaintiff shall file a memorandum showing cause why Defendants Kratzer and Fieldcamp should not be dismissed without prejudice. Signed by Magistrate Judge James F Metcalf on 6/20/17.
37
06/28/2017
*MOTION for Extension of Time to Serve Defendant Fieldcamp and to Dismiss Defendant Kratzer without prejudice and RESPONSE TO ORDER TO SHOW CAUSE re: 36 Order to Show Cause, Set Deadlines by Plaintiff Oscar Hernandez.
1
Text of Proposed Order) *Modified to correct event type pursuant to (Doc.
38
) on 6/29/2017 (LSP
2 Attachments
38
06/29/2017
ORDER that the Court's Order to Show Cause filed June 21, 2017 is deemed satisfied. Plaintiff's Response to Order to Show Cause, filed June 28, 2017 (Doc. 37) is CONSTRUED as a motion to extend time to serve Defendant Fieldcamp and to dismiss Defendant Kratzer without prejudice. Defendants shall have fourteen days from the filing of this Order to respond to such motions (Doc. 37). Plaintiff shall have seven days from service of a response in which to reply. Signed by Magistrate Judge James F Metcalf on 6/29/17.
39
06/30/2017
RESPONSE to Motion re: 37 MOTION for Extension of Time to Serve Defendant Fieldcamp and to Dismiss Defendant Kratzer without prejudice DEFENDANTS RESPONSE TO PLAINTIFFS MOTION TO EXTEND TIME TO SERVE DEFENDANT FIELDCAMP AND TO DISMISS DEFENDANT KRATZER WITHOUT PREJUDICE filed by Joseph M Arpaio, Unknown Fieldcamp.
40
07/24/2017
STIPULATION re: 34 MOTION for Summary Judgment DEFENDANTS MOTION FOR SUMMARY JUDGMENT Stipulated Motion for Additional Time for Plaintiff to Respond to Defendant's Motion for Summary Judgment by Oscar Hernandez.
1
Text of Proposed Order
1 Attachment
41
07/25/2017
ORDER - The reference to the magistrate judge of Plaintiff's Motion to Extend and Motion to Dismiss (Doc. 37) is withdrawn. Granting 37 Motion for Extension of Time Deadline. Plaintiff shall have 14 days from the filing of this Order to complete service on Defendant Fieldcamp. Plaintiff's Motion to Dismiss Defendant Kratzer (Doc. 37) is construed as a notice of dismissal of Defendant Kratzer. The Clerk shall terminate Defendant Kratzer as a party to this action. Signed by Judge John J Tuchi on 7/25/17.
42
07/25/2017
ORDER granting 40 Stipulation: Plaintiff shall have through 7/31/2017 to respond to Defendant's Motion For Summary Judgment (Doc. 34). Signed by Magistrate Judge James F Metcalf on 7/25/17.
43
07/27/2017
SERVICE EXECUTED filed by Oscar Hernandez: Rule 4 Waiver of Service of Summons. Waiver sent on 07/13/2017 to Sgt. Jon Fieldcamp.
44
07/31/2017
RESPONSE to Motion re: 34 MOTION for Summary Judgment DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Oscar Hernandez.
45
07/31/2017
STATEMENT OF FACTS re: 44 Response to Motion for Summary Judgment by Plaintiff Oscar Hernandez.
1
Affidavit Declaration of Oscar Hernandez In Opposition to MSJ
1 Attachment
46
08/08/2017
STIPULATION TO EXTEND TIME FOR DEFENDANT TO FILE REPLY IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Joseph M Arpaio.
1
Text of Proposed Order
1 Attachment
47
08/10/2017
ORDER granting 46 Stipulation: Defendant Penzone shall have through August 22, 2017 to file a reply in support of 34 MOTION for Summary Judgment. Signed by Magistrate Judge James F Metcalf on 8/10/17.
48
08/15/2017
*REPLY to Response to Motion re: 34 Motion for Summary Judgment by Defendants Joseph M Arpaio, Unknown Fieldcamp. *Modified to correct event type on 8/15/2017
49
08/15/2017
STATEMENT OF FACTS re: 48 Reply DEFENDANTS ADDITIONAL STATEMENT OF FACTS by Defendants Joseph M Arpaio, Unknown Fieldcamp.
1
Exhibit
1 Attachment
50
08/16/2017
*ANSWER to 28 Amended Complaint with Jury Demand ANSWER TO FIRST AMENDED COMPLAINT DEMAND FOR JURY TRIAL PER RULE 38, Fed. R. Civ. P. by Unknown Fieldcamp. *Modified to correct filer on 8/16/2017
51
08/17/2017
ORDER - The parties shall have fourteen days from the filing of this Order to file any motions to amend the schedule to accommodate the appearance of Defendant Fieldcamp. Signed by Magistrate Judge James F Metcalf on 8/17/2017.
52
08/30/2017
Joint MOTION for Extension of Time to Complete Discovery JOINT MOTION TO AMEND SCHEDULING ORDER by Joseph M Arpaio, Unknown Fieldcamp.
1
Text of Proposed Order
1 Attachment
53
09/01/2017
ORDER granting 52 Parties' Joint Motion to Amend Scheduling Order, filed August 30, 2017. Discovery due by 10/31/2017. Dispositive motions due by 12/15/2017. See document for complete details. Signed by Magistrate Judge James F Metcalf on 8/31/17.
54
09/15/2017
NOTICE of Service of Discovery filed by Joseph M Arpaio, Unknown Fieldcamp.
55
12/13/2017
MOTION for Summary Judgment DEFENDANT FIELDCAMPS MOTION FOR SUMMARY JUDGMENT by Unknown Fieldcamp.
56
12/13/2017
*STATEMENT OF FACTS DEFENDANT FIELDCAMPS SEPARATE STATEMENT OF FACTS IN SUPPORT OF 55 MOTION FOR SUMMARY JUDGMENT by Defendant Unknown Fieldcamp.
1
Exhibit) *Modified to add document number on 12/13/2017 (LSP
1 Attachment
57
12/14/2017
ORDER - Plaintiff shall have through January 22, 2018 within which to file a response to Defendant Fieldcamp's Motion for Summary Judgment, filed December 13, 2017 (Doc. 55), together with a separate Statement of Facts in support of his response, supporting affidavits and other appropriate exhibits. Defendants shall have 15 days following service of the response in which to file a reply. The Motion for Summary Judgment will be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. (See document for complete details). Signed by Magistrate Judge James F Metcalf on 12/13/17.
58
01/19/2018
ORDER - IT IS ORDERED:(1) The reference to the Magistrate Judge is withdrawn as to Defendant's Motion for Summary Judgment (Doc. 34). (2) Arpaio is reinstated as a defendant. (3) Penzone is terminated as a defendant. (4) Defendant's Motion for Summary Judgment (Doc. 34) is denied without prejudice. (See document for complete details). Signed by Judge John J Tuchi on 1/18/18.
59
01/22/2018
STIPULATION re: 55 MOTION for Summary Judgment DEFENDANT FIELDCAMPS MOTION FOR SUMMARY JUDGMENT Stipulated Motion for Additional Time for Plaintiff to Respond to Defendant's Motion for Summary Judgment by Oscar Hernandez.
1
Text of Proposed Order
1 Attachment
60
01/23/2018
ORDER granting 59 Stipulation: Plaintiff shall have through January 23, 2018 to respond to Defendant Fieldcamp's Motion for Summary Judgment (Doc. 55). Signed by Magistrate Judge James F Metcalf on 01/23/2018.
61
01/23/2018
RESPONSE to Motion re: 55 MOTION for Summary Judgment DEFENDANT FIELDCAMPS MOTION FOR SUMMARY JUDGMENT Plaintiff's Response to Defendant Fieldcamp's Motion for Summary Judgment filed by Oscar Hernandez.
62
01/23/2018
STATEMENT OF FACTS re: 61 Response to Motion for Summary Judgment Plaintiff's Separate Statement of Facts in Support of His Response to Defendant Fieldcamp's Motion for Summary Judgment by Plaintiff Oscar Hernandez.
1
Exhibit 1
2
Exhibit 2
3
Exhibit 3
4
Exhibit 4
4 Attachments
63
01/31/2018
NOTICE of Appearance by Ashlee B Hesman on behalf of Joseph M Arpaio.
64
02/06/2018
*REPLY DEFENDANT FIELDCAMPS REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 55 by Defendant Unknown Fieldcamp. *Modified to correct event and document link; attorney noticed on 2/7/2018
65
02/06/2018
*STATEMENT OF FACTS re: 64 DEFENDANT FIELDCAMPS SUPPLEMENTAL STATEMENT OF FACTS by Defendant Unknown Fieldcamp.
1
Exhibit) *Modified to add document link on 2/7/2018 (SLQ
1 Attachment
66
04/26/2018
NOTICE of Settlement (Joint) by Joseph M Arpaio.
67
05/08/2018
**STRICKEN per Order (Doc. 68) Amendment or Memorandum About the Irregular Settlement Filed re: 66 Notice of Settlement, MOTION for Extension of Time to Find a New Lawyer by Oscar Hernandez. NOTE: Filed by Plaintiff as prose. (7 pages) (EJA) Modified on 5/11/2018
68
05/11/2018
ORDER striking Plaintiff's Amendment to Notice re Settlement (Doc. 67). Within 14 days of the filing of this Order, the parties shall file a joint report to the Court, advising the Court about the status of the purported settlement. Signed by Magistrate Judge James F Metcalf on 5/11/18.
69
05/25/2018
STATUS REPORT Joint Report by Oscar Hernandez.
70
05/29/2018
ORDER TO SHOW CAUSE - Within 28 days of the filing of this Order, the parties shall either file a Stipulation to Dismiss or a Response to this Order Showing Cause why the case should not be dismissed for failure to prosecute. Signed by Magistrate Judge James F Metcalf on 5/29/18.
71
06/26/2018
RESPONSE TO ORDER TO SHOW CAUSE re: 70 Order to Show Cause by Plaintiff Oscar Hernandez.
72
06/26/2018
*Joinder re: 71 Response to Order to Show Cause by Joseph M Arpaio. *Modified to correct event on 6/27/2018
06/27/2018
Notice of Deficiency (Text Only) (Text entry; no document attached.)
73
06/26/2018
NOTICE TO FILER OF DEFICIENCY re: 71 Response to Order to Show. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.
74
06/28/2018
Miscellaneous Relief
75
06/29/2018
ORDER: Plaintiff's Motion to Extend, filed June 26, 2018 71 is GRANTED. IT IS FURTHER ORDERED that on or before August 31, 2018 the parties shall either file a stipulation to dismiss or a response to this Order showing cause why the case should not be dismissed for failure to prosecute. Signed by Magistrate Judge James F Metcalf on 6/28/2018.
76
06/29/2018
ORDER: Plaintiff's pro per Motion for Extension of Time, filed June 26, 2018 (Doc. 74) is CONSTRUED as a motion to substitute, and is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge James F Metcalf on 6/29/18.
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