Case: Prison Legal News v. Crawford

3:00-cv-00373 | U.S. District Court for the District of Nevada

Filed Date: July 11, 2000

Case Ongoing

Clearinghouse coding complete

Case Summary

On 07/11/2000, Prison Legal News filed this suit in the District of Nevada. PLN sued the Nevada Department of Corrections (NDOC) under 42 U.S.C. §1983. PLN, represented by the ACLU National Prison Project, asked the court for declaratory and permanent injunctive relief, prohibiting NDOC from engaging in further unlawful censorship of books, magazines and other correspondence from PRISON LEGAL NEWS, as well as damages. PLN claimed that NDOC’s censorship of PLN’s speech violated the First and Fou…

On 07/11/2000, Prison Legal News filed this suit in the District of Nevada. PLN sued the Nevada Department of Corrections (NDOC) under 42 U.S.C. §1983. PLN, represented by the ACLU National Prison Project, asked the court for declaratory and permanent injunctive relief, prohibiting NDOC from engaging in further unlawful censorship of books, magazines and other correspondence from PRISON LEGAL NEWS, as well as damages. PLN claimed that NDOC’s censorship of PLN’s speech violated the First and Fourteenth Amendments to the United States Constitution. PLN asked the Court for injunctive and declaratory relief. Specifically, PLN claimed that NDOC censored Plaintiff’s written speech, including the journal "Prison Legal News," as well as books and other correspondence mailed by Plaintiff to NDOC prisoners in the State of Nevada.

In July 2000, PLN applied for a preliminary injunction in the District of Nevada to forbid officials of NDOC, formerly Nevada Department of Prisons from maintaining a blanket exclusion of Prison Legal News from Nevada Department of Prisons institutions. Plaintiffs' motion for a preliminary injunction was granted in August 2000.

On September 26, 2000, the parties stipulated to a judgment by the Court that all prisoners in the custody of NDOP shall be permitted to subscribe to the publications of their choice and shall receive all issues of those publications without interference with limited exceptions.

On June 28, 2013, PLN filed two motions: A motion alleging that NDOC was in violation of the Court’s 2000 Order, on the basis that PLN received substantiated reports of statewide censorship and rejection of PLN publications, without notice to the inmate-subscriber or PLN, the publisher; and a motion to substitute/update defendants.

On July 8, 2013, the Court (Judge Howard D. McKibben) granted PLN's motion for substitution of defendants: James Gregory Cox in his official capacity as Director of the NDOC, and E.K. McDaniel in his official capacity as Deputy Director of Operations for NDOC, were substituted for Defendants Jackie Crawford, Robert Bayer and John Slansky.

On July 16, 2013 this case was reassigned from Magistrate Judge Robert A McQuaid, Jr. to Magistrate Judge William G. Cobb.

On July 17, 2013, PLN filed a second amended complaint, adding the claim that NDOC was in violation of the Court's 2000 settlement agreement. Further, PLN sought to declare NDOC's policies banning return address labels and publications not from approved vendors or publishers, as well as its requirement that all books be sent using First Class, as unconstitutional on their face and as applied.

On January 14, 2016, the parties entered into a settlement agreement. As a result of this agreement, PLN agreed to the dismissal of this action with prejudice, holding the dismissal of claims in abeyance for ten years, for court-monitoring. The underlying 2000 Consent decree discussed in the Settlement Agreement would remain in force.

The January 2016 settlement required NDOC to take proactive steps to ensure compliance with the 2000 Consent decree, including: Reviewing of all incoming publications on a case-by-case basis, regardless of the identity of the publisher; Refraining from censoring/banning books, simply because the books' publishers are not on a list of approved vendors/publishers--such lists should be for the purposes of reference only and made available to a publisher or vendor on request. The settlement agreement also addresses issues of due process and requires NDOC to provide notice of censorship decisions and opportunity for appeal to both senders and receivers NDOC was given 60 days to implement these changes. The court continued to retain jurisdiction to enforce the consent decree.

On March 3, 2016, Judge McKibben dismissed this case without prejudice. The court approved and adopted the stipulation and addendum to the stipulation for dismissal of this action without prejudice. The court retained jurisdiction over this action to consider any motion to reopen the case to compel compliance with the terms of the stipulated settlement.

Summary Authors

Eoghan Keenan (6/10/2005)

Lakshmi Gopal (5/15/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6045905/parties/prison-legal-news-v-jackie-crawford/


Judge(s)

Crabb, Barbara Brandriff (Wisconsin)

Attorney for Plaintiff

Ells, Lisa Adrienne (California)

Evans, Donald Y. (Nevada)

Attorney for Defendant

Barraclough, Andrea (Nevada)

Del Papa, Frankie Sue (Nevada)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

3:00-cv-00373

Docket [PACER]

May 6, 2016

May 6, 2016

Docket
12

3:00-cv-00373

First Amended Complaint for Declaratory and Injunctive Relief and Damages

Aug. 1, 2000

Aug. 1, 2000

Complaint
16

3:00-cv-00373

Order Granting Preliminary Injunction

Aug. 14, 2000

Aug. 14, 2000

Order/Opinion
27

3:00-cv-00373

Stipulation and Judgment / Order

Sept. 22, 2000

Sept. 22, 2000

Order/Opinion
49-2659353

3:00-cv-00373

Order

Aug. 12, 2002

Aug. 12, 2002

Order/Opinion
117

3:00-cv-00373

Second Amended Complaint for Declaratory and Injunctive Relief and Damages Demand for Jury Trial

Prison Legal News v. Cox

Sept. 30, 2014

Sept. 30, 2014

Complaint

3:00-cv-00373

Settlement Agreement and Full and Final Release

Prison Legal News v. Cox

Nov. 18, 2015

Nov. 18, 2015

Settlement Agreement
138

3:00-cv-00373

Stipulation and Order of Dismissal with Prejudice, with Stipulation to Hold Dismissal in Abeyance

Jan. 14, 2016

Jan. 14, 2016

Order/Opinion
140

3:00-cv-00373

Settlement Agreement

Feb. 26, 2016

Feb. 26, 2016

Settlement Agreement
141

3:00-cv-00373

Order [dismissing case without prejudice]

March 3, 2016

March 3, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6045905/prison-legal-news-v-jackie-crawford/

Last updated March 25, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
2

MOTION FOR PRELIMINARY INJUNCTION Motion for Preliminary Injunctive Relief obo P. [Placed in separate folder due to size] #3-Affidavit of Fred Markham in Support of Ps Mtn/Prelim/Injunct; #11 response obo Ds Crawford & Slansky; (#11 oppo) (#14 reply) (JC). (Entered: 02/10/2003)

July 11, 2000

July 11, 2000

PACER
1

COMPLAINT Complaint for Declaratory and Injunctive Relief and Damages obo P. (JC). (Entered: 02/10/2003)

July 11, 2000

July 11, 2000

PACER

SUMMONS ISSUED to counsel for P.

July 11, 2000

July 11, 2000

PACER
3

AFFIDAVIT of Fred Markham in Support of Ps Motion for Preliminary Injunctive Relief obo P. (JC). (Entered: 02/10/2003)

July 11, 2000

July 11, 2000

PACER
4

CERTIFICATE OF INTERESTED PARTIES obo P; (m) (JC). (Entered: 02/10/2003)

July 12, 2000

July 12, 2000

PACER
5

SUMMONS RETURNED EXECUTED SRVD as to JACKIE CRAWFORD by srvng Jackie Nancy on 7/12/00 (p) (JC). (Entered: 02/10/2003)

July 12, 2000

July 12, 2000

PACER
6

SUMMONS RETURNED EXECUTED SRVD as to JOHN SLANSKY by srvng Beverly Allen on 7/12/00 (p) (JC). (Entered: 02/10/2003)

July 12, 2000

July 12, 2000

PACER
8

DESIGNATION OF LOCAL COUNSEL APPRVD as to Donald York Evans as loc cnsl for out-of-state cnsl David Fathi, cnsl for P, Prison Legal News. (JC). (Entered: 02/10/2003)

July 13, 2000

July 13, 2000

PACER
9

VERIFIED PETITION FOR PERMISSION TO PRACTICE PRO HAC VICE APPRVD as to David Fathi as out-of-state cnsl for P, Prison Legal News. (JC). (Entered: 02/10/2003)

July 13, 2000

July 13, 2000

PACER
7

AFFIDAVIT of personal service of cmplnt, affidavit of Fred Markham & mnt for prelim inj addressed to Jackie Crawford & John Slansky by James Miller on 7/12/00. (JC). (Entered: 02/10/2003)

July 20, 2000

July 20, 2000

PACER
10

NOTICE (OTHER) of appearance of David C. Fathi as co-cnsl for Ps (m) (see VP #9) (JC). (Entered: 02/10/2003)

July 26, 2000

July 26, 2000

PACER
11

RESPONSE IN OPPOSITION TO MOTION obo Ds, Crawford & Slansky. (m) (JC). (Entered: 02/10/2003)

July 31, 2000

July 31, 2000

PACER
12

AMENDED COMPLAINT obo P. (m) (JC). (Entered: 02/10/2003)

Aug. 1, 2000

Aug. 1, 2000

PACER
13

CERTIFICATE OF SERVICE as to document (#12) obo P; (m) (JC). (Entered: 02/10/2003)

Aug. 3, 2000

Aug. 3, 2000

PACER
14

REPLY TO RESPONSE TO MOTION to mtn for prelim inj (#2) obo Ps; (m) (JC). (Entered: 02/10/2003)

Aug. 4, 2000

Aug. 4, 2000

PACER
15

MISCELLANEOUS DOCUMENT Proposed order (attachment) granting prelim inj obo Ps (no srv sho) (JC). (Entered: 02/10/2003)

Aug. 4, 2000

Aug. 4, 2000

PACER
16

ORDER ON MOTION FOR PRELIMINARY INJUNCTION ORD Ps mtn for prelim inj is GRANTED. Pending the final resolution of this action, Ds Crawford & Slansky, their officers agents servants employees & attys & all those in active concert or participation with them (JC). (Entered: 02/10/2003)

Aug. 14, 2000

Aug. 14, 2000

PACER
17

MOTION FOR MISCELLANEOUS RELIEF for settlement conference & stay of proceedings obo Ds, Crawfor & Slansky (m) #20 oppo; (JC). (Entered: 02/10/2003)

Aug. 15, 2000

Aug. 15, 2000

PACER
19

ANSWER TO COMPLAINT to 1st amended cmplnt (#12) obo Ds Crawford & Slansky (m) (JC). (Entered: 02/10/2003)

Aug. 15, 2000

Aug. 15, 2000

PACER
18

NOTICE (OTHER) of entry of order as to granting of preliminary inj (#16) obo P (m) (JC). (Entered: 02/10/2003)

Aug. 16, 2000

Aug. 16, 2000

PACER
20

RESPONSE IN OPPOSITION TO MOTION to req for stay of prcdngs/settlmnt conf (#17) obo Ps; (m) (JC). (Entered: 02/10/2003)

Aug. 22, 2000

Aug. 22, 2000

PACER
22

ORDER ORD Ds request for stay is denied. The req for settlmnt conf is granted. Actn referred to Mag/Jdg for settlmnt conf. (EOD: 8/30/00) (JC). (Entered: 02/10/2003)

Aug. 30, 2000

Aug. 30, 2000

PACER
23

ORDER ORD the return of summons showing srvc on Robert Bayer (#21) is sealed. (JC). (Entered: 02/10/2003)

Aug. 31, 2000

Aug. 31, 2000

PACER
24

ORDER ORD settlmnt conf sched for 9/12/00 @ 1:30 pm. The depo of Jackie Crawford sh be taken on 9/13/00 @ 9:00 am unless ptys arrive at a settlmnt agreement on 9/12/00. The depo of Mr. Slansky & Mr. Bayer sh be re-scheduled. An order scheduling settlmtn c (JC). (Entered: 02/10/2003)

Aug. 31, 2000

Aug. 31, 2000

PACER
25

ORDER ORD settlmnt conf sched for 9/12/00 @ 1:30 pm. Settlmnt conf statements due in chambers by 4:00 pm on 9/8/00. (JC). (Entered: 02/10/2003)

Sept. 1, 2000

Sept. 1, 2000

PACER
26

MISCELLANEOUS HEARING SETTLEMENT/CONFERENCE dtd 9/12/00: ORD the tape of this prcdng is sealed (settlemnt has been reached). FUR ORD cnsl for P sh w/in 45-dys file a mtn for atty fees; D sh hv 30-dys to file oppo & P sh hv 15-dys to reply. (Tape: 00-155) (JC). (Entered: 02/10/2003)

Sept. 12, 2000

Sept. 12, 2000

PACER

MISCELLANEOUS DOCUMENT stip/jdgmnt.

Sept. 18, 2000

Sept. 18, 2000

PACER
27

JUDGMENT (stipulation) ORD Ds Crawford & Slansky and their officers agents servants & employees & successors in office sh implement & maintain the following policy re prisoner subscription to publications: Prisoners in the custody of NDOP sh be permitted (JC). (Entered: 02/10/2003)

Sept. 26, 2000

Sept. 26, 2000

PACER
28

MOTION FOR MISCELLANEOUS RELIEF for atty fees & costs obo Ps (m) (fld sep due to size) (#29-affdvts in sprt) (#30-oppo) (#31 reply) (JC). (Entered: 02/10/2003)

Oct. 27, 2000

Oct. 27, 2000

PACER
29

AFFIDAVIT in suprt of fee application #28 obo Ps. (no srv shn) (JC). (Entered: 02/10/2003)

Nov. 13, 2000

Nov. 13, 2000

PACER
30

RESPONSE IN OPPOSITION TO MOTION to P's mtn for reasonable attorney's fees/costs #28 obo Ds. (m) (JC). (Entered: 02/10/2003)

Nov. 27, 2000

Nov. 27, 2000

PACER
31

REPLY TO RESPONSE TO MOTION in support of mtn for atty fees/costs (#28) obo P (m) (JC). (Entered: 02/10/2003)

Dec. 12, 2000

Dec. 12, 2000

PACER
32

NOTICE OF CHANGE OF ADDRESS obo Ps to David C. Fathi, National Prison Project of the ACLU Foundation, 733 15th Street, N.W., Suite 620, Washington, DC 20005, phone (202) 393-4930 and fax (202) 393-4931, effectv 1/2/01. (m) (JC). (Entered: 02/10/2003)

Dec. 18, 2000

Dec. 18, 2000

PACER
33

ORDER ORD Ps are entitled to recover their fees as adjusted by this ord together w/their costs of suit as taxed by clk of crt. Ps sh submit a ord to this crt consistent w/the adjustments herein ordered w/in 10-dys. (EOD: 2/23/01) (Entered: 02/10/2003)

Feb. 22, 2001

Feb. 22, 2001

PACER

MISCELLANEOUS DOCUMENT prpsd order for payment of attorneys' fees and costs.

Feb. 27, 2001

Feb. 27, 2001

PACER
34

ORDER based upon ths crt's ord of 2/22/01 whch was entered on 2/23/01, it is hereby ordered tht the Ds are to pay to cnsl for Ps the following fees/costs consistent w/ths crt's previous order #33 as follows; to the National Prison Projct of the American C (Entered: 02/10/2003)

March 2, 2001

March 2, 2001

PACER

MISCELLANEOUS DOCUMENT proposed amend/ord for paymnt of attorneys' fees and costs obo P. (no srv shn)

March 2, 2001

March 2, 2001

PACER
35

NOTICE (OTHER) of entry of order as to Order #34 obo Ps (m) (Entered: 02/10/2003)

March 7, 2001

March 7, 2001

PACER
36

AFFIDAVIT of service as to document #28 obo P (Entered: 02/10/2003)

March 8, 2001

March 8, 2001

PACER
37

MOTION FOR MISCELLANEOUS RELIEF for reasonable attorney's fees/costs incurred in establishing Ps' entitlement to attorneys fees obo Ps. (no srv shn) (Entered: 02/10/2003)

March 9, 2001

March 9, 2001

PACER
38

RESPONSE IN OPPOSITION TO MOTION to Ps' mtn for fees on fees #37 obo Ds. (m) (Entered: 02/10/2003)

March 26, 2001

March 26, 2001

PACER
39

REPLY TO RESPONSE TO MOTION memo in suprt of Ps' mtn for reasonable attorney's fees/costs incurred in establishing Ps' entitlement to attorney fees #37 obo Ps. (m) (Entered: 02/10/2003)

April 9, 2001

April 9, 2001

PACER
40

ORDER P's mtn for reasonable attorney fees/costs incurred in establishing Ps' entitlemnt to attorney's fees #37 is sched for tele/hrng on 4/26/01 @ 9am; cnsl hv bn tele notified. (Entered: 02/10/2003)

April 12, 2001

April 12, 2001

PACER
41

MISCELLANEOUS HEARING TELEPHONIC/HEARING dtd 4/26/01: ORD Ps mtn for reasonable atty fees (#37) granted to the extent the P is awarded .00 as a total amount of fees for both attys and a total amount of .00 for costs. (EOD: 4/26/01) (C/R: Kat hryn (JC). (Entered: 02/10/2003)

April 26, 2001

April 26, 2001

PACER

MISCELLANEOUS DOCUMENT prpsd order for payment of atty fees/costs (purs to order #41) obo Ps; (orig to chambers)

May 1, 2001

May 1, 2001

PACER
42

ORDER for payment of atty fees/costs: ORD Ds are to pay cnsl for Ps fees/costs consistent with this court's previous order (#41) (see order for specific fee breakdown) (EOD: 5/3/01) (Entered: 02/10/2003)

May 2, 2001

May 2, 2001

PACER
43

CERTIFICATE OF SERVICE as to Order #42 obo Ps; (Entered: 02/10/2003)

May 9, 2001

May 9, 2001

PACER
44

MOTION FOR MISCELLANEOUS RELIEF for publication as to ord #16 and stip/judgmnt/ord #27 obo Ps. (m) (Entered: 02/10/2003)

June 13, 2001

June 13, 2001

PACER
45

RESPONSE IN OPPOSITION TO MOTION to mtn for publication #44 obo Ds Crawford and Slansky. (m) (Entered: 02/10/2003)

June 25, 2001

June 25, 2001

PACER
46

REPLY TO RESPONSE TO MOTION memo in spt of mtn for publication (#44) obo P. (m) (Entered: 02/10/2003)

July 9, 2001

July 9, 2001

PACER
47

ORDER ORD Ps mtn for publication (#44) is denied. The orders P seeks to hv published were entered purs to stipulation and are therefore not the type of orders tht this crt submits for publication. (Entered: 02/10/2003)

July 10, 2001

July 10, 2001

PACER
48

MOTION FOR MISCELLANEOUS RELIEF to enforce order obo Ken Lake (m) (Entered: 02/10/2003)

July 11, 2002

July 11, 2002

PACER
49

ORDER a mtn to enforce order #48 has bn filed by Ken Lake; the record reflects tht Lake is not a party to ths actn; therefore, Lake's mtn #48 is denied; the denial of the mtn shl not preclude Lake frm pursuing such other legal relief as may be proper. (Entered: 02/10/2003)

Aug. 13, 2002

Aug. 13, 2002

PACER
50

MOTION to Substitute Party by Plaintiffs Prison Legal News, Rollin Wright. Responses due by 7/15/2013. (Lichtenstein, Allen) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
51

MOTION for Order to Show Cause by Plaintiffs Prison Legal News, Rollin Wright. Motion ripe 6/28/2013. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lichtenstein, Allen) (Entered: 06/28/2013)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

June 28, 2013

June 28, 2013

PACER
52

NOTICE of Appearance by attorney Stephen D. Quinn on behalf of Defendants Robert Bayer, Jackie Crawford, John Slansky. Substitution of Attorney (Quinn, Stephen) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
53

STIPULATION TO SUBSTITUTE DEFENDANTS by Defendants Robert Bayer, Jackie Crawford, John Slansky. (Quinn, Stephen) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
54

ORDER ON STIPULATION re 53 Stipulation. James Gregory Cox and E.K. McDaniel substituted in for John Slansky, Robert Bayer and Jackie Crawford. Signed by Judge Howard D. McKibben on 7/8/13. (Copies have been distributed pursuant to the NEF - JC) (Entered: 07/08/2013)

July 8, 2013

July 8, 2013

PACER
55

ORDER - The defendants have until July 29, 2013 to respond to # 51 Motion; and the plaintiffs shall have 10 days thereafter to file a reply. Signed by Judge Howard D. McKibben on 7/9/2013. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 07/09/2013)

July 9, 2013

July 9, 2013

RECAP
56

MINUTE ORDER IN CHAMBERS of The Honorable Judge Howard D. McKibben on 7/10/2013. By Deputy Clerk: Paris Rich. IT IS ORDERED, a Telephonic Status Conference is set for Thursday, 7/11/2013 at 10:45 AM in Reno Courtroom 4 before Judge Howard D. McKibben. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1 (877) 336-1839 and provide Access Code 3246567 and Security Code 0159. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 07/10/2013)

July 10, 2013

July 10, 2013

PACER
57

MINUTES OF PROCEEDINGS - Case Nos. 3:00-cv-00373-HDM-RAM and 3:13-cv-00346-HDM-WGC - Telephonic Status Conference held on 7/11/2013 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Plaintiffs' Counsel: Allen Lichtenstein and Lance Weber; Defendants' Counsel: Stephen Quinn; Court Reporter: Kathryn French; Time of Hearing: 10:48 AM to 11:04 AM; Courtroom: 4;Counsel are present telephonically. The Court recites preliminary statements regarding the reasons for the setting of the Status Conference this date and the recent 7/9/2013 Order issued in Case Nos. 3:00-cv-00373-HDM-RAM and 3:13-cv-00346-HDM-WGC. The Court further offers suggestions regarding a format for proceeding in these matters. The Court and counsel confer.Pursuant to the stipulation of the parties, IT IS ORDERED, Case No. 3:00-cv-00373-HDM-RAM and Case No. 3:13-cv-00346-HDM-WGC are hereby CONSOLIDATED for all purposes. Case No. 3:00-cv-00373-HDM-RAM shall be REOPENED and all future filings shall be solely in Case No. 3:00-cv-00373-HDM-RAM. Such consolidation shall not affect the Court's consideration of the additional prayers and claims set forth in the Amended Complaint. IT IS FURTHER ORDERED, each party shall have through Tuesday, 7/16/2013, to file any objection to the aforementioned consolidation. IT IS FURTHER ORDERED, leave is granted through Tuesday, 7/16/2013, for the Defendants' counsel to advise the Court if he cannot accept service on behalf of the Defendants. IT IS SO ORDERED.Mr. Quinn addresses the recent briefing schedule as set forth in the Court's 7/9/2013 Order. Pursuant to the stipulation by counsel, IT IS ORDERED, the Defendants shall respond to the Plaintiffs' 6/28/2013 Motion no later than Friday, 8/23/2013. Thereafter, the Plaintiffs shall have 30 days to reply, and the matter shall stand submitted. IT IS SO ORDERED.The Court recites final statements and urges the parties to explore a resolution. In the event the parties are able to reach an agreement, they shall contact the Court. Mr. Lichtenstein requests clarification regarding whether an Answer will be required by the Defendants. Pursuant to the parties' stipulation, IT IS ORDERED, the Defendants shall file their Answer to the Amended Complaint no later than 30 days from this date. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 07/16/2013)

July 11, 2013

July 11, 2013

PACER
58

NOTICE OF ACCEPTANCE OF SERVICE by James Gregory Cox, E.K. McDaniel. (Quinn, Stephen) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER
59

MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 7/16/2013. IT IS ORDERED that this case is reassigned to Magistrate Judge William G. Cobb for all further pretrial proceedings within his jurisdiction. Magistrate Judge Robert A McQuaid, Jr. no longer assigned to case. All further documents must bear the correct case number 3:00-cv-373-HDM-WGC. (no image attached) (Copies have been distributed pursuant to the NEF - BLG) (Entered: 07/16/2013)

July 16, 2013

July 16, 2013

PACER
60

REMOVED FROM MEMBER CASE 3:13-cv-346-HDM-WGC filed on 6/28/13 (#5): AMENDED COMPLAINT with Jury Demand against James Gregory Cox, E.K. McDaniel, filed by Prison Legal News. No changes to parties. Proof of service due by 11/14/2013. (BLG) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
61

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel LANCE WEBER to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 8/12/2013. (It will no longer be necessary to comply with this notice in the Member Case 3:13-cv-346-HDM-WGC) (no image attached) (BLG) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
62

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel ERNEST GALVAN to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s) upon approval of the Verified Petition. Verified Petition due by 8/12/2013. (It will no longer be necessary to comply with this notice in the Member Case 3:13-cv-346-HDM-WGC) (no image attached) (BLG) (Entered: 07/17/2013)

July 17, 2013

July 17, 2013

PACER
63

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ernest Galvan and DESIGNATION of Local Counsel Staci Pratt (Filing fee $ 200 receipt number 0978-2891749) by Plaintiffs Prison Legal News, Paul Wright, Rollin Wright. Motion ripe 7/18/2013. (Pratt, Staci) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER
64

ORDER APPROVING 63 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Ernest Galvan for Prison Legal News and approving Designation of Local Counsel Staci Pratt. Signed by Judge Howard D. McKibben on 7/22/2013. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DRM) (Entered: 07/23/2013)

July 23, 2013

July 23, 2013

PACER
65

ANSWER to 60 Amended Complaint, ANSWER TO AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES filed by James Gregory Cox, E.K. McDaniel. Certificate of Interested Parties due by 8/11/2013. Discovery Plan/Scheduling Order due by 9/15/2013.(Quinn, Stephen) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
66

NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC ยง 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. A copy of form AO 85 has been mailed to parties not receiving electronic service. (no image attached) (KR) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
67

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lance Weber and DESIGNATION of Local Counsel Staci Pratt (Filing fee $ 200 receipt number 0978-2920646) filed by Plaintiffs Prison Legal News, Paul Wright, Rollin Wright . Motion ripe 8/9/2013. (Attachments: # 1 Exhibit Certificate of Good Standing)(Pratt, Staci) (Entered: 08/09/2013)

1 Exhibit Certificate of Good Standing

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Aug. 9, 2013

Aug. 9, 2013

PACER
68

ORDER APPROVING 67 Verified Petition for Permission to Practice Pro Hac Vice for Lance Weber and approving Designation of Local Counsel Staci Pratt. Signed by Judge Howard D. McKibben on 8/13/13. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - JC) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
69

MOTION to Extend Time regarding discovery/nondispositive matter (First Request) MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION FOR ORDER TO SHOW CAUSE by Defendants James Gregory Cox, E.K. McDaniel. Motion ripe 8/13/2013. (Attachments: # 1 Exhibit Exhibit A)(Quinn, Stephen) (Entered: 08/13/2013)

1 Exhibit Exhibit A

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Aug. 13, 2013

Aug. 13, 2013

PACER
70

ORDER GRANTING Defendants' 69 Motion to Extend Time re 51 Motion for Order to Show Cause. Responses due by 9/23/2013. Signed by Judge Howard D. McKibben on 08/15/2013. (Copies have been distributed pursuant to the NEF - KR) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

PACER
71

STIPULATION FOR EXTENSION OF TIME (First Request) to Submit Discovery Plan and Scheduling Order by Plaintiff Prison Legal News. (Pratt, Staci) (Entered: 09/16/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
72

ORDER ON STIPULATION re 71 Stipulation to Extend Deadline to Submit Discovery Plan and Scheduling Order. (Discovery Plan/Scheduling Order due by 11/15/2013.) Signed by Magistrate Judge William G. Cobb on 9/17/13. (Copies have been distributed pursuant to the NEF - JC) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
73

(1st Notice) PURSUANT TO SPECIAL ORDER 109: that Lance Weber is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Court's website to register for CM/ECF. (no image attached) (LG) (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

PACER
74

STIPULATION FOR EXTENSION OF TIME (Second Request) to Respond to Plaintiff's Motion for Order to Show Cause by Defendants Robert Bayer, James Gregory Cox, Jackie Crawford, E.K. McDaniel, John Slansky. (Quinn, Stephen) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
75

ORDER ON STIPULATION re 74 Stipulation Regarding Time to Respond to 51 MOTION for Order to Show Cause. Responses due by 11/16/2013. Signed by Judge Howard D. McKibben on 9/23/13. (Copies have been distributed pursuant to the NEF - JC) (Entered: 09/24/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
76

STIPULATION FOR EXTENSION OF TIME (Third Request) re 51 MOTION for Order to Show Cause ; by Defendants James Gregory Cox, E.K. McDaniel. (Quinn, Stephen) (Entered: 11/08/2013)

Nov. 8, 2013

Nov. 8, 2013

PACER
77

ORDER ON 76 STIPULATION re 51 Motion for Order to Show Cause. Defendants' response due by 12/15/2013. Plaintiffs' reply due 11 days from service of Defendants' response. Signed by Judge Howard D. McKibben on 11/12/2013. (Copies have been distributed pursuant to the NEF - KR) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
78

RESPONSE to 51 MOTION for Order to Show Cause, filed by Defendants James Gregory Cox, E.K. McDaniel. Replies due by 12/22/2013. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration)(Quinn, Stephen) (Entered: 12/12/2013)

1 Declaration

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2 Declaration

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3 Declaration

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Dec. 12, 2013

Dec. 12, 2013

PACER
79

MINUTE ORDER IN CHAMBERS of the Honorable Judge Howard D. McKibben, on 12/23/2013. By Deputy Clerk: Paris Rich. IT IS ORDERED, a Telephonic Status Conference is set for Tuesday, 1/7/2014 at 10:00 AM before Judge Howard D. McKibben. Participants shall only appear telephonically and shall call AT&T no later than 5 minutes prior to the hearing at 1 (877) 336-1839 and provide Access Code 3246567 and Security Code 0177. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
80

REPLY to Response to 51 MOTION for Order to Show Cause filed by Plaintiff Prison Legal News. (Attachments: # 1 Declaration of Lance Weber, # 2 Declaration of Paul Wright)(Weber, Lance) (Entered: 12/23/2013)

1 Declaration of Lance Weber

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2 Declaration of Paul Wright

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Dec. 23, 2013

Dec. 23, 2013

PACER
81

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 1/7/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Plaintiffs' Counsel: Lance Weber, Robert Jack, Allen Lichtenstein, and Staci Pratt; Defendants' Counsel: Stephen Quinn; Court Reporter: Kathryn French; Time of Hearing: 10:00 AM to 10:22 AM; Courtroom: 4; Counsel are present telephonically. The Court addresses the status of this matter. Mr. Weber and Mr. Quinn present statements on behalf of the parties and confirm the parties have been working together steadily, but progress has taken time. The Court and counsel further confer. As it appears the parties are willing to continue to resolve this matter, IT IS ORDERED, a further Telephonic Status Conference is set for Thursday, 3/6/2014 at 10:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. At the 3/6/2014 hearing, the Court requests the parties be prepared to either (1) stipulate to resolve the matter; (2) request a slight extension, if settlement is close; or (3) be prepared to go forward with a proposal for hearing. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
82

MINUTE ORDER IN CHAMBERS of the Honorable Judge Howard D. McKibben, on 1/7/2014. By Deputy Clerk: Paris Rich. IT IS ORDERED, a Telephonic Status Conference remains set for Thursday, 3/6/2014 at 10:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS FURTHER ORDERED, all parties shall only appear telephonically and shall call AT&T no later than 5 minutes prior to the hearing at 1 (877) 336-1839 and provide Access Code 3246567 and Security Code 0178. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
83

MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 3/6/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Plaintiffs' Counsel: Allen Lichtenstein; Defendants' Counsel: Stephen Quinn; Court Reporter: Donna Davidson; Time of Hearing: 10:03 AM to 10:16 AM; Courtroom: 4;At 10:03 AM, Counsel are present telephonically. The Court recites the recent chronology of this action and inquires as to the current status. Counsel agree the case should move forward. The Court recites further statements regarding pending 51 Motion for Order to Show Cause.IT IS ORDERED, Jury Trial is set for Tuesday, 11/4/2014 at 9:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. Calendar Call is set for Wednesday, 10/29/2014 at 9:30 AM in Reno Courtroom 4 before Judge Howard D. McKibben. In the event a calendar conflict is discovered with respect to the Trial date, counsel shall notify the Court.IT IS FURTHER ORDERED, the parties' proposed discovery plan and scheduling order shall be filed no later than Friday, 4/4/2014.IT IS FURTHER ORDERED, 51 Motion for Order to Show Cause is DENIED without prejudice. If an issue arises regarding matters contained in 51 Motion, the parties shall seek leave of Court for reinstatement of 51 Motion.The Court indicates if the parties request a settlement conference, they should file a request. At 10:16 AM, the Court adjourns. (Copies have been distributed pursuant to the NEF - PR) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
84

MINUTE ORDER IN CHAMBERS of the Honorable Judge Howard D. McKibben, on 3/6/2014. By Deputy Clerk: Paris Rich. IT IS ORDERED, the Calendar Call currently set for Wednesday, 10/29/2014 at 9:30 AM is ADVANCED and RESET for Wednesday, 10/22/2014 at 9:30 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
85

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Prison Legal News . (Weber, Lance) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
86

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/7/2014. By Deputy Clerk: Katie Lynn Ogden. IT IS HEREBY ORDERED that a Discovery Status Conference is set for Tuesday, April 8, 2014, at 11:00 a.m., in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The court will address the parties' 85 Proposed Discovery Plan/Scheduling Order. Counsel wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the security code 4814 approximately five (5) minutes prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - KO) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
87

MINUTES OF PROCEEDINGS - Telephonic Discovery Status Conference held on 4/8/2014 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Lance Weber, Ernest Galvan, Allen Lichtenstein (Telephonically); Def Counsel: Stephen Quinn (Telephonically); FTR #: 11:24:14 a.m. - 11:51:08 a.m.; Time of Hearing: 11:00 a.m.; Courtroom: 2. The court addresses the parties' 85 Proposed Discovery Plan/Scheduling Order. The court notes the dispositive motions deadline proposed in paragraph #5 would not allow sufficient time for any perspective dispositive motion(s) to be fully briefed prior to the jury trial scheduled for 11/4/2014. The court discusses alternatives to avoid the scheduling conflict including the likelihood of the parties filing dispositive motions, the possibility of scheduling a settlement conference or continuing the trial date. Counsel agree both plaintiff and defendants will like to preserve the ability to file dispositive motions. The court approves the proposed dispositive motions deadline for 10/8/2014. However, the current calendar call (10/22/14) and jury trial (11/4/14) are hereby VACATED and CONTINUED to: Calendar Call set for Wednesday, 1/21/15 at 8:30 a.m. and Jury Trial set for MondayTuesday, 2/3/15 at 9:00 a.m. The Pretrial Order deadline shall also be revised and should indicate that: in the event dispositive motions are filed, the date for filing the joint pretrial order shall be suspended until thirty (30) days after decision of the dispositive motions or no later than 12/31/2014. The parties shall file a revised Discovery Plan and Scheduling Order no later than Wednesday, April 16, 2014. The parties are reminded that if they would like to schedule a settlement conference before the court, they shall file such a request. Mr. Weber addresses the court regarding his Pro Hac Vice status (Doc. # 68 ) and requests the court waive any requirement that he must file any additional Verified Petition for Permission to Practice Pro Hac Vice. The court advises Mr. Weber that it will discuss his request with District Judge McKibben and his courtroom administrator. (no image attached) (Copies have been distributed pursuant to the NEF - KO) Modified on 4/8/2014 to correct date of trial. (KO) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

PACER
88

PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Prison Legal News . (Weber, Lance) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
89

VACATED per 108 Order SCHEDULING ORDER re 88 Proposed Order. Discovery due by 9/8/2014. Motions due by 10/8/2014. Proposed Joint Pretrial Order due by 12/31/2014. Signed by Magistrate Judge William G. Cobb on 4/22/2014. (Copies have been distributed pursuant to the NEF - KR) Modified on 8/5/2014 (JC). (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
90

NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC ยง 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (DRM) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
91

MINUTE ORDER IN CHAMBERS of the Honorable Judge Howard D. McKibben, on 5/6/2014. By Deputy Clerk: Paris Rich. IT IS ORDERED, Jury Trial currently set for Tuesday, 2/3/2015 at 9:00 AM is ADVANCED and RESET for Tuesday, 1/27/2015 at 9:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben.IT IS FURTHER ORDERED, Calendar Call currently set for Wednesday, 1/21/2015 at 8:30 AM is ADVANCED and RESET for Thursday, 1/15/2015 at 9:30 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
92

MOTION to Dismiss by Defendants James Gregory Cox, E.K. McDaniel. Responses due by 7/4/2014. (Quinn, Stephen) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
93

MOTION for Protective Order and Order Staying Discovery by Defendants James Gregory Cox, E.K. McDaniel. Motion ripe 6/17/2014. (Quinn, Stephen) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
94

MINUTE ORDER IN CHAMBERS of the Honorable Judge Howard D. McKibben, on 6/18/2014. By Deputy Clerk: Paris Rich. IT IS ORDERED, the Plaintiffs shall file any responsive pleading to 93 Defendants' Motion for Protective Order and Order Staying Discovery no later than Friday, 6/27/2014 at 4:00 PM.IT IS FURTHER ORDERED, the Defendants shall file any reply to 93 Motion no later than Wednesday, 7/2/2014 at 4:00 PM. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PACER
95

VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert E. Jack and DESIGNATION of Local Counsel Staci Pratt (Filing fee $200 - paid; Receipt Number NVRNO 2366). Motion ripe 6/20/2014. (JC) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
96

NOTICE of Change of Attorney on behalf of Defendants James Gregory Cox, E.K. McDaniel. (Fairbank, Micheline) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER

Case Details

State / Territory: Nevada

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2000

Closing Date: 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prison Legal News, an independent monthly magazine that provides a review and analysis of prisoner rights, court rulings and news about prison issues

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nevada Department of Corrections, State

Nevada Department of Prisons (NDOP), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Damages

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Amount Defendant Pays: 475,000

Order Duration: 2000 - None

Content of Injunction:

Preliminary relief granted

Implement complaint/dispute resolution process

Monitoring

Issues

General:

Mail

Type of Facility:

Government-run