1
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COMPLAINT for Declarative and Injunctive Relief regarding Edward Nellson as an Individual and all similarly situated Persons as a Class against Warden J. Barnhart, United States Federal Bureau of Prisons (Filing fee $ 400,Receipt Number 1082-7212369)Attorney Maria-Vittoria G. Carminati added to party Edward Nellson(pty:pla), filed by Edward Nellson. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Carminati, Maria-Vittoria) (Entered: 03/18/2020)
1 Civil Cover Sheet
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2 Summons
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3 Summons
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March 18, 2020
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March 18, 2020
RECAP
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2
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ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 1 Complaint, filed by attorney Maria-Vittoria G. Carminati. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rsams, ) (Entered: 03/19/2020)
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March 18, 2020
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March 18, 2020
PACER
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3
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Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rsams, ) (Entered: 03/19/2020)
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March 18, 2020
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March 18, 2020
PACER
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4
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ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(b), the court has determined that this case does not appear to be appropriate for summary dismissal. Case has been randomly reassigned to Magistrate Judge Nina Y. Wang for all further proceedings. All future pleadings should be designated as 20-cv-00756-NYW. By Magistrate Judge Gordon P. Gallagher on 03/20/2020. (rvill, ) (Entered: 03/20/2020)
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March 20, 2020
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March 20, 2020
PACER
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5
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SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (rvill, ) (Entered: 03/20/2020)
1 Summons
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2 Magistrate Judge Consent Form
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March 20, 2020
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March 20, 2020
PACER
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6
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ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 3/30/2020. The court shall hold a scheduling conference on 5/18/2020 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. The parties shall submit their proposed scheduling order, including a copy of the proposed scheduling order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 5/11/2020. The parties shall complete and file the Consent/Nonconsent Form indicating either unanimous consent of the parties or that consent has been declined, on or before 5/04/2020. (bwilk, ) (Entered: 03/30/2020)
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March 30, 2020
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March 30, 2020
PACER
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7
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SUMMONS Returned Executed upon AG William Barr defendant(s) United States Federal Bureau of Prisons served on 3/27/2020, answer due 5/26/2020. (Carminati, Maria-Vittoria) (Entered: 03/31/2020)
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March 31, 2020
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March 31, 2020
PACER
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8
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SUMMONS Returned Executed upon defendant(s) United States Federal Bureau of Prisons served on 3/26/2020, answer due 5/26/2020. (Carminati, Maria-Vittoria) (Entered: 03/31/2020)
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March 31, 2020
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March 31, 2020
PACER
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9
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SUMMONS Returned Executed upon United States Attorney General Process Clerk defendant(s) United States Federal Bureau of Prisons served on 3/27/2020, answer due 5/26/2020. (Carminati, Maria-Vittoria) (Entered: 03/31/2020)
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March 31, 2020
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March 31, 2020
PACER
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10
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MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 03/31/2020)
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March 31, 2020
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March 31, 2020
PACER
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11
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WAIVER OF SERVICE Returned Executed by Edward Nellson. J. Barnhart waiver sent on 3/31/2020, answer due 6/1/2020; J. (I) Barnhart waiver sent on 3/31/2020, answer due 6/1/2020. (nmarb, ) (Entered: 03/31/2020)
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March 31, 2020
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March 31, 2020
PACER
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12
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MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/31/20 re: 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Edward Nellson. Pursuant to Local Rule 40.1(c)(2)(a), civil actions in which a motion for injunctive relief is filed shall not be directly assigned to a magistrate judge. THEREFORE, IT IS ORDERED: The Clerk of the Court is DIRECTED to REDRAW this action to a District Judge for further proceedings. (nmarb, ) (Entered: 04/01/2020)
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March 31, 2020
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March 31, 2020
PACER
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13
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CASE REASSIGNED pursuant to 12 Minute Order. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 20-cv-00756-PAB. (Text Only Entry) (nmarb, ) (Entered: 04/01/2020)
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March 31, 2020
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March 31, 2020
PACER
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14
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MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/1/2020. Defendants shall respond to that portion of Docket No. 10 consisting of the motion for a temporary restraining order on or before April 6, 2020. Text Only Entry (pabsec2) (Entered: 04/01/2020)
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April 1, 2020
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April 1, 2020
PACER
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Minute Order
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April 1, 2020
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April 1, 2020
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15
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Unopposed MOTION for Leave to File Excess Pages by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Dickey, Lauren) (Entered: 04/06/2020)
1 Proposed Order (PDF Only)
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April 6, 2020
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April 6, 2020
PACER
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Order on Motion for Leave to File Excess Pages
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April 6, 2020
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April 6, 2020
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16
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ORDER by Chief Judge Philip A. Brimmer on 4/6/2020 re: Motion for Leave to File Excess Pages 15 is GRANTED. Defendant is granted leave to file their response, not to exceed 19 pages, due on April 6, 2020. Text Only Entry(pabsec2) (Entered: 04/06/2020)
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April 6, 2020
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April 6, 2020
PACER
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17
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RESPONSE to 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: # 1 Exhibit Himlie Decl., # 2 Exhibit Trujillo Decl.)(Dickey, Lauren) (Entered: 04/06/2020)
1 Exhibit Himlie Decl.
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2 Exhibit Trujillo Decl.
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April 6, 2020
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April 6, 2020
PACER
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18
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MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/9/2020. Plaintiff shall respond to defendants, in particular defendants' exhaustion argument under the PLRA, on or before April 13, 2020. Text Only Entry (pabsec2) (Entered: 04/09/2020)
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April 9, 2020
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April 9, 2020
PACER
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Minute Order
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April 9, 2020
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April 9, 2020
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19
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REPLY to Response to 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Exhibit 1)(Carminati, Maria-Vittoria) (Entered: 04/13/2020)
1 Exhibit Exhibit 1
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April 13, 2020
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April 13, 2020
PACER
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20
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MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/14/2020. Defendants to file a response by 4/14/2020 at 3:00 p.m. responding to plaintiff's argument that the grievance process would take 90 days and whether inmates at USP Florence are notified of any emergency grievance procedures. Text Only Entry (pabsec2) (Entered: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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Minute Order
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April 14, 2020
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April 14, 2020
PACER
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21
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RESPONSE to 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: # 1 Exhibit)(Dickey, Lauren) (Entered: 04/14/2020)
1 Exhibit
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April 14, 2020
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April 14, 2020
PACER
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22
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MOTION for Leave to File Surreply to 21 Response to Motion by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Ex 1 - Plaintiff's Surreply)(Carminati, Maria-Vittoria) (Entered: 04/14/2020)
1 Exhibit Ex 1 - Plaintiff's Surreply
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April 14, 2020
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April 14, 2020
PACER
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23
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ORDER by Chief Judge Philip A. Brimmer on 4/16/2020, re: 10 the portion of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction that requests a temporary restraining order is DENIED; 22 Plaintiff's Motion for Leave to File Surreply is GRANTED. Accordingly the Clerks office shall docket Exhibit 1 to Docket No. 22 as plaintiff's surreply.(sphil, ) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
RECAP
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Minute Order
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April 16, 2020
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April 16, 2020
PACER
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24
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MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/16/2020. Defendants shall respond to the motion for preliminary injunction on or before April 22, 2020. Plaintiff may file a reply on or before April 24, 2020. The Court will set a hearing on the motion for preliminary injunction in a separate order. Text Only Entry (pabsec2) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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25
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Plaintiff Surreply to 22 MOTION for Leave to File Surreply to 21 Response to Motion by Plaintiff Edward Nellson. Surreply docketed in this case pursuant to 23 Order. (sphil, ) (Entered: 04/16/2020)
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April 16, 2020
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April 16, 2020
PACER
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26
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MOTION for Discovery for Preliminary Injunction by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 04/17/2020)
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April 17, 2020
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April 17, 2020
PACER
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27
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MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/20/2020. Defendants to file a response re: plaintiff's 26 MOTION for Discovery for Preliminary Injunction by 4/21/2020 at 12:00 p.m. Text Only Entry (pabsec2) (Entered: 04/20/2020)
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April 20, 2020
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April 20, 2020
PACER
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Minute Order
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April 20, 2020
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April 20, 2020
PACER
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28
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Unopposed MOTION for Leave to Supplement Reply (ECF No. 19) and Surreply (ECF No. 25) by Plaintiff Edward Nellson. (Attachments: # 1 Affidavit)(Carminati, Maria-Vittoria) (Entered: 04/20/2020)
1 Affidavit
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April 20, 2020
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April 20, 2020
PACER
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29
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ORDER by Chief Judge Philip A. Brimmer on 4/21/2020. Although the motion appears to be prompted by a simple effort to clarify the record, it pertains to a motion that the Court has already ruled on and therefore is irrelevant. As a result, the 28 Motion for Leave to Supplement Reply and Surreply is DENIED. Text Only Entry(pabsec2) (Entered: 04/21/2020)
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April 21, 2020
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April 21, 2020
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Order on Motion for Leave
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April 21, 2020
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April 21, 2020
PACER
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30
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RESPONSE to 26 MOTION for Discovery for Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 04/21/2020)
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April 21, 2020
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April 21, 2020
PACER
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31
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RESPONSE to 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Attachments: # 1 Exhibit Himlie Decl., # 2 Exhibit Supp. Himlie Decl., # 3 Exhibit Second Supp. Trujillo Decl.)(Dickey, Lauren) (Entered: 04/22/2020)
1 Exhibit Himlie Decl.
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2 Exhibit Supp. Himlie Decl.
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3 Exhibit Second Supp. Trujillo Decl.
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April 22, 2020
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April 22, 2020
PACER
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32
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Unopposed MOTION for Extension of Time to File Reply to Defendants' Response to Plaintiff's Motion for Preliminary Injunction by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 04/23/2020)
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April 23, 2020
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April 23, 2020
PACER
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33
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ORDER by Chief Judge Philip A. Brimmer on 4/24/2020 re: 32 Motion for Extension of Time to File is GRANTED. Plaintiff's shall reply on or before May 1, 2020. Text Only Entry (pabsec2) (Entered: 04/24/2020)
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April 24, 2020
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April 24, 2020
PACER
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Order on Motion for Extension of Time to File
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April 24, 2020
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April 24, 2020
PACER
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34
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REPLY to Response to 26 MOTION for Discovery for Preliminary Injunction filed by Plaintiff Edward Nellson. (Parrott, Alexandra) (Entered: 04/28/2020)
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April 28, 2020
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April 28, 2020
PACER
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38
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ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 34 Reply to Response to Motion, 35 Reply to Response to Motion, filed by attorney Alexandra Parrott. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry). (sphil, ) (Entered: 05/06/2020)
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April 28, 2020
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April 28, 2020
PACER
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35
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REPLY to Response to 10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Nellson Declaration, # 2 Exhibit Trevani Declaration, # 3 Exhibit U.S. v. Rabadi Letter)(Parrott, Alexandra) (Entered: 05/01/2020)
1 Exhibit Nellson Declaration
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2 Exhibit Trevani Declaration
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3 Exhibit U.S. v. Rabadi Letter
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May 1, 2020
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May 1, 2020
PACER
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36
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Unopposed MOTION for Hearing/Conference by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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37
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RESPONSE to 36 Unopposed MOTION for Hearing/Conference filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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39
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ORDER by Chief Judge Philip A. Brimmer on 5/7/2020, re: 36 Unopposed Motion for Status Conference is DENIED. ORDERED that, on or before May 11, 2020, plaintiff shall indicate when and whether he will properly serve defendants.(sphil, ) (Entered: 05/07/2020)
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May 7, 2020
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May 7, 2020
PACER
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40
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SUMMONS Returned Executed upon US Attorney's Office, Jason Dunn, on behalf of defendant(s) United States Federal Bureau of Prisons served on 5/11/2020, answer due 7/10/2020. (Attachments: # 1 Exhibit 1)(Carminati, Maria-Vittoria) (Entered: 05/11/2020)
1 Exhibit 1
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May 11, 2020
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May 11, 2020
PACER
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41
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MINUTE ORDER by Magistrate Judge Nina Y. Wang on 5/12/2020. Given 13 Case Reassigned, the Scheduling Conference set for 5/18/2020 before Magistrate Judge Nina Y. Wang and all associated deadlines are hereby VACATED, to be reset at a later date if appropriate. Text Only Entry (nywlc2, ) (Entered: 05/12/2020)
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May 12, 2020
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May 12, 2020
PACER
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Minute Order
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May 12, 2020
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May 12, 2020
PACER
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42
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MOTION for Hearing/Conference by Plaintiff Edward Nellson. (Parrott, Alexandra) (Entered: 05/29/2020)
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May 29, 2020
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May 29, 2020
PACER
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43
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MOTION for Leave to Supplement 35 Reply to Response to Motion, by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Candelaria Declaration, # 2 Exhibit Lymon Declaration)(Parrott, Alexandra) (Entered: 05/29/2020)
1 Exhibit Candelaria Declaration
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2 Exhibit Lymon Declaration
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May 29, 2020
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May 29, 2020
PACER
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44
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RESPONSE to 42 MOTION for Hearing/Conference filed by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 05/31/2020)
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May 31, 2020
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May 31, 2020
PACER
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45
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ORDER by Chief Judge Philip A. Brimmer on 6/4/2020, re: 42 plaintiff's Opposed Motion for Status Conference is DENIED; 43 plaintiff's Motion for Leave to Supplement Motion for Preliminary Injunction is GRANTED; 26 plaintiff's Motion for Limited Discovery is DENIED. ORDERED that the portion of Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction [Docket No. 10] that seeks a preliminary injunction is DENIED.(sphil, ) (Entered: 06/04/2020)
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June 4, 2020
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June 4, 2020
RECAP
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46
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ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for non-dispositive matters. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 6/4/2020. Text Only Entry (pabsec2) (Entered: 06/04/2020)
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June 4, 2020
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June 4, 2020
PACER
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Order Referring Case to Magistrate Judge
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June 4, 2020
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June 4, 2020
PACER
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47
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ORDER by Magistrate Judge Nina Y. Wang on 6/15/20 Setting Rule 16(b) Scheduling Conference. Proposed Scheduling Order due by 7/7/2020. Telephonic Scheduling Conference set for 7/14/2020 03:30 PM before Magistrate Judge Nina Y. Wang. (nmarb, ) (Entered: 06/16/2020)
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June 15, 2020
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June 15, 2020
PACER
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48
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MOTION to Vacate and Continue Deadline to Respond to Complaint and Related Scheduling Deadlines by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren) Modified on 6/29/2020 to edit event type. (sphil, ). (Entered: 06/26/2020)
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June 26, 2020
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June 26, 2020
PACER
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49
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MEMORANDUM regarding 48 MOTION for Order to Vacate and Continue Deadline to Respond to Complaint and Related Scheduling Deadlines filed by United States Federal Bureau of Prisons, J. Barnhart. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 6/29/2020. Text Only Entry (pabsec2) (Entered: 06/29/2020)
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June 29, 2020
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June 29, 2020
PACER
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Memorandum
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June 29, 2020
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June 29, 2020
PACER
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50
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MINUTE ORDER: This matter is before the Court on Defendants' Motion to Vacate the Deadline to Respond to the Current Complaint, the Scheduling Conference, and Related Deadlines 48 . Plaintiff is DIRECTED to file a Response to the Motion on or before Thursday, July 2, 2020. No Reply will be accepted without prior leave or order of the court. By Magistrate Judge Nina Y. Wang on 6/30/2020. Text Only Entry (nywlc1) (Entered: 06/30/2020)
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June 30, 2020
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June 30, 2020
PACER
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Minute Order
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June 30, 2020
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June 30, 2020
PACER
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51
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RESPONSE to 48 MOTION to Vacate with Brief in Support filed by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Nellson Declaration, # 2 Exhibit Candelaria Declaration, # 3 Exhibit Lymon Declaration, # 4 Exhibit Adams Declaration, # 5 Exhibit Holmes Declaration, # 6 Exhibit Upshaw Declaration)(Carminati, Maria-Vittoria) (Entered: 07/02/2020)
1 Exhibit Nellson Declaration
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2 Exhibit Candelaria Declaration
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3 Exhibit Lymon Declaration
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4 Exhibit Adams Declaration
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5 Exhibit Holmes Declaration
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6 Exhibit Upshaw Declaration
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July 2, 2020
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July 2, 2020
PACER
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52
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ORDER granting in part and denying in part 48 Motion to Vacate Deadline to Respond to Current Complaint, the Scheduling Conference, and Related Deadlines. The Telephonic Scheduling Conference currently set for July 14, 2020 at 3:30 p.m. is VACATED and RE-SET to July 28, 2020 at 2:00 p.m. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. ORDERED by Magistrate Judge Nina Y. Wang on 7/6/2020.(cthom, ) (Entered: 07/06/2020)
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July 6, 2020
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July 6, 2020
PACER
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53
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Unopposed MOTION for Leave to Amend Complaint by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Ex. 1 - Nellson Declaration, # 3 Exhibit Ex. 2 - Candelaria Declaration, # 4 Exhibit Ex. 3 - Lymon Declaration, # 5 Exhibit Ex. 4 - Adams Declaration, # 6 Exhibit Ex.5 - Holmes Declaration, # 7 Exhibit Ex. 6 - Upshaw Declaration, # 8 Exhibit Ex. 7 - BP-10 Response Extension)(Carminati, Maria-Vittoria) (Entered: 07/10/2020)
1 Exhibit Amended Complaint
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2 Exhibit Ex. 1 - Nellson Declaration
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3 Exhibit Ex. 2 - Candelaria Declaration
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4 Exhibit Ex. 3 - Lymon Declaration
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5 Exhibit Ex. 4 - Adams Declaration
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6 Exhibit Ex.5 - Holmes Declaration
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7 Exhibit Ex. 6 - Upshaw Declaration
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8 Exhibit Ex. 7 - BP-10 Response Extension
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July 10, 2020
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July 10, 2020
PACER
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54
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MEMORANDUM regarding 53 Unopposed MOTION for Leave to Amend Complaint filed by Edward Nellson. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 7/10/2020. Text Only Entry (pabsec2) (Entered: 07/10/2020)
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July 10, 2020
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July 10, 2020
PACER
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Memorandum
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July 10, 2020
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July 10, 2020
PACER
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55
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ORDER granting 53 Plaintiff's Unopposed Motion for Leave to Amend Complaint. Plaintiff shall file a clean version of the red-lined Amended Complaint filed at [53-1] on or before 7/17/2020. By Magistrate Judge Nina Y. Wang on 7/13/2020. Text Only Entry (nywlc1) (Entered: 07/13/2020)
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July 13, 2020
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July 13, 2020
PACER
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Order on Motion for Leave
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July 14, 2020
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July 14, 2020
PACER
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56
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AMENDED COMPLAINT against J. Barnhart, J. (I) Barnhart, United States Federal Bureau of Prisons, filed by Edward Nellson. (Attachments: # 1 Ex. 1 Nellson Declaration, # 2 Ex. 2 Candelaria Declaration, # 3 Ex. 3 Lymon Declaration, # 4 Ex. 4 Adams Declaration, # 5 Ex. 5 Holmes Declaration, # 6 Ex. 6 Upshaw Declaration, # 7 Ex. 7 BP-10 Response Extension)(Carminati, Maria-Vittoria) (Entered: 07/16/2020)
1 Ex. 1 Nellson Declaration
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2 Ex. 2 Candelaria Declaration
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3 Ex. 3 Lymon Declaration
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4 Ex. 4 Adams Declaration
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5 Ex. 5 Holmes Declaration
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6 Ex. 6 Upshaw Declaration
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7 Ex. 7 BP-10 Response Extension
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July 16, 2020
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July 16, 2020
RECAP
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Defendant J. (I) Barnhart (In his Individual capacity) terminated pursuant to 56 Amended Complaint. Text Only Entry (sphil, )
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July 16, 2020
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July 16, 2020
PACER
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57
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Proposed Scheduling Order by Defendants J. Barnhart, United States Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 07/21/2020)
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July 21, 2020
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July 21, 2020
PACER
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~Util - Add and Terminate Parties
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July 22, 2020
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July 22, 2020
PACER
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58
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MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Defendants J. Barnhart, Federal Bureau of Prisons. (Attachments: # 1 Exhibit Trujillo Decl.)(Dickey, Lauren) (Entered: 07/27/2020)
1 Exhibit Trujillo Decl.
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July 27, 2020
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July 27, 2020
PACER
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59
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MOTION to Dismiss for Failure to State a Claim by Defendants J. Barnhart, Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 07/27/2020)
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July 27, 2020
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July 27, 2020
PACER
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60
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COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 7/28/2020 before Magistrate Judge Nina Y. Wang. Parties will submit a proposed ESI protocol or a Joint Status Report on or before 8/18/2020. Discovery due 2/26/2021. Dispositive Motions due 3/29/2021. A Final Pretrial Conference is set for 5/18/2021 11:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall file their proposed pretrial order through CM/ECF and include a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: NYW-CRD. (bwilk, ) (Entered: 07/29/2020)
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July 28, 2020
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July 28, 2020
PACER
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61
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MOTION to Stay Discovery Pending Resolution of Dispositive Motions by Defendants J. Barnhart, Federal Bureau of Prisons. (Attachments: # 1 Exhibit)(Dickey, Lauren) (Entered: 07/31/2020)
1 Exhibit
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July 31, 2020
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July 31, 2020
PACER
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62
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RESPONSE to 59 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 08/17/2020)
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Aug. 17, 2020
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Aug. 17, 2020
PACER
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63
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RESPONSE to 58 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Plaintiff Edward Nellson. (Attachments: # 1 Exhibit Nellson Declaration, # 2 Exhibit Nellson Grievance, # 3 Exhibit Candelaria Declaration)(Carminati, Maria-Vittoria) (Entered: 08/17/2020)
1 Exhibit Nellson Declaration
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2 Exhibit Nellson Grievance
View on PACER
3 Exhibit Candelaria Declaration
View on PACER
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Aug. 17, 2020
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Aug. 17, 2020
PACER
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64
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Joint STATUS REPORT by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 08/18/2020)
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Aug. 18, 2020
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Aug. 18, 2020
PACER
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65
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RESPONSE to 61 MOTION to Stay Discovery Pending Resolution of Dispositive Motions filed by Plaintiff Edward Nellson. (Carminati, Maria-Vittoria) (Entered: 08/21/2020)
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Aug. 21, 2020
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Aug. 21, 2020
PACER
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66
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MOTION to Withdraw as Attorney (Alexandra Parrott) by Plaintiff Edward Nellson. (Parrott, Alexandra) (Entered: 08/24/2020)
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Aug. 24, 2020
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Aug. 24, 2020
PACER
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67
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MEMORANDUM regarding 66 MOTION to Withdraw as Attorney (Alexandra Parrott) filed by Edward Nellson. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 8/24/2020. Text Only Entry (pabsec2) (Entered: 08/24/2020)
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Aug. 24, 2020
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Aug. 24, 2020
PACER
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68
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MINUTE ORDER granting 66 Motion to Withdraw. Attorney Alexandra Lee Parrott is granted leave to withdraw from representing Plaintiff and is terminated from this case. Plaintiff shall continue to be represented in this matter by attorneys Mario Bernard Williams and Maria-Vittoria G. Carminati. By Magistrate Judge Nina Y. Wang on 8/24/2020. Text Only Entry (nywlc1) (Entered: 08/24/2020)
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Aug. 24, 2020
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Aug. 24, 2020
PACER
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Memorandum
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Aug. 24, 2020
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Aug. 24, 2020
PACER
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Order on Motion to Withdraw as Attorney
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Aug. 24, 2020
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Aug. 24, 2020
PACER
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69
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Unopposed MOTION for Extension of Time to File Response/Reply as to 58 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies by Defendants J. Barnhart, Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 08/26/2020)
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Aug. 26, 2020
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Aug. 26, 2020
PACER
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70
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ORDER by Chief Judge Philip A. Brimmer on 8/27/2020 re: 69 Motion for Extension of Time to File Response/Reply is GRANTED. Defendants shall file a reply to 58 Motion for Summary Judgment on or before September 2, 2020. Text Only Entry(pabsec2) (Entered: 08/27/2020)
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Aug. 27, 2020
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Aug. 27, 2020
PACER
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Order on Motion for Extension of Time to File Response/Reply
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Aug. 27, 2020
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Aug. 27, 2020
PACER
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71
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REPLY to Response to 59 MOTION to Dismiss for Failure to State a Claim filed by Defendants J. Barnhart, Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 08/31/2020)
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Aug. 31, 2020
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Aug. 31, 2020
PACER
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72
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REPLY to Response to 58 MOTION for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Defendants J. Barnhart, Federal Bureau of Prisons. (Attachments: # 1 Exhibit Morales Decl., # 2 Exhibit Kyles Decl., # 3 Exhibit DuBose Decl., # 4 Exhibit Trujillo Supp. Decl.)(Dickey, Lauren) (Entered: 09/02/2020)
1 Exhibit Morales Decl.
View on PACER
2 Exhibit Kyles Decl.
View on PACER
3 Exhibit DuBose Decl.
View on PACER
4 Exhibit Trujillo Supp. Decl.
View on PACER
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Sept. 2, 2020
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Sept. 2, 2020
PACER
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73
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REPLY to Response to 61 MOTION to Stay Discovery Pending Resolution of Dispositive Motions filed by Defendants J. Barnhart, Federal Bureau of Prisons. (Dickey, Lauren) (Entered: 09/04/2020)
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Sept. 4, 2020
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Sept. 4, 2020
PACER
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74
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MOTION for Leave to File an Amicus Brief to save "The Unabomber" by Movant David Andrew Christenson. (sphil, ) Modified on 10/21/2020 should not have been filed - filer not a party to the case - to term and restrict motion per chambers (angar, ). (Entered: 10/20/2020)
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Oct. 20, 2020
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Oct. 20, 2020
PACER
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75
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Unopposed MOTION for Extension of Time to Complete Discovery by Plaintiff Edward Nellson. (Attachments: # 1 Proposed Order (PDF Only))(Carminati, Maria-Vittoria) (Entered: 10/21/2020)
1 Proposed Order (PDF Only)
View on PACER
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Oct. 21, 2020
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Oct. 21, 2020
PACER
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76
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MEMORANDUM regarding 75 Unopposed MOTION for Extension of Time to Complete Discovery filed by Edward Nellson. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 10/21/2020. Text Only Entry (pabsec2) (Entered: 10/21/2020)
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Oct. 21, 2020
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Oct. 21, 2020
PACER
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Memorandum
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Oct. 21, 2020
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Oct. 21, 2020
PACER
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77
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ORDER granting 75 Motion for Extension of Time to File. Designation of Affirmative Experts due 1/19/2021. Designation of Rebuttal Experts due 2/19/2021. 702 Motions due by 3/22/2021. Interrogatories, Requests for Production, and Requests for Admission due 4/12/2021. Discovery due by 5/27/2021. Dispositive Motions due by 6/28/2021. Although the Parties did not seek an extension of the Final Pretrial Conference set for 5/18/2021, granting their requested extensions necessitates rescheduling of that deadline. Accordingly, the Final Pretrial Conference is hereby RESET for 8/25/2021 at 10:00 AM before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 10/22/2020. Text Only Entry(nywlc1, ) (Entered: 10/22/2020)
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Oct. 22, 2020
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Oct. 22, 2020
PACER
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78
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ORDER. Defendants' Motion for Summary Judgment 58 is GRANTED. Defendants' Motion to Dismiss 59 is DENIED as moot. Defendants' Motion to Stay Discovery 61 is DENIED as moot. Plaintiff's claims are DISMISSED without prejudice. This case is closed, by Chief Judge Philip A. Brimmer on 10/22/20.(sgrim) (Entered: 10/22/2020)
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Oct. 22, 2020
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Oct. 22, 2020
RECAP
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79
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FINAL JUDGMENT re: 78 Order, by Clerk on 10/22/20. (sgrim, ) (Entered: 10/22/2020)
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Oct. 22, 2020
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Oct. 22, 2020
PACER
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Order on Motion for Extension of Time to File
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Oct. 22, 2020
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Oct. 22, 2020
PACER
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