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United States District CourtDistrict of Nevada (Reno)CIVIL DOCKET FOR CASE #: 3:10-cv-00597-LRH-VPC
Leigh v. Salazar et alAssigned to: Judge Larry R. HicksReferred to: Magistrate Judge Valerie P. Cooke
Cases:
3:10-cv-00417-LRH-VPC
2:10-cv-01634-JCM-LRL
Case in other court:
Ninth Circuit, 11-16088
9th Circuit, 11-80022
Cause: 05:551 Administrative Procedure Act
Date Filed: 09/22/2010Jury Demand: PlaintiffNature of Suit: 890 Other Statutory ActionsJurisdiction: U.S. Government Defendant
PlaintiffLaura Leigh
represented by
Gordon M. Cowan , BB Gordon M. Cowan, Law Office Of P.O. Box 17952 Reno, NV 89511 775-786-6111 Fax: 775-786-9797 Email: cowanlawoffice@gmail.com ATTORNEY TO BE NOTICED
V.
Defendant
Ken Salazar Secretary, US Department of the Interior
represented by
Erik Petersen U.S. Department of Justice 601 D Street, NW Washington, DC 20004 202-305-0339 Email: erik.petersen@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Bob Abbey Director, Bureau of Land Management
represented by
Erik Petersen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Ronald Wenker Nevada State Director of Bureau of Land Management
represented by
Erik Petersen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICEDDate Filed
#
Docket Text
09/22/2010
1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Bob Abbey, Ken Salazar, Ronald Wenker (Filing fee $ 350 receipt number 0978-1745153), filed by Laura Leigh. Certificate of Interested Parties due by 10/2/2010. Proof of service due by 1/20/2011. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Cowan, Gordon) (Entered: 09/22/2010)
09/22/2010Case assigned to Judge James C. Mahan and Magistrate Judge Lawrence R. Leavitt. (EDS) (Entered: 09/23/2010)
09/22/2010
3
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 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. (no image attached) (EDS) (Entered: 09/23/2010)
09/23/2010
2
NOTICE by Plaintiff Laura Leigh re 1 Complaint,. TO CLERK OF THE COURT (Cowan, Gordon) (Entered: 09/23/2010)
09/23/2010
4
NOTICE: Attorney Action Required to 1 Complaint: ERROR: Summons not issued due to filing being incomplete, page (1) missing. CORRECTION: Attorney Gordon M. Cowan advised to download and complete updated “AO 440 (Rev. 12/09) Summons in a Civil Action” form from Court’s Website www.nvd.uscourts.govand refile as a separate event using “Proposed Summons to be Issued” event. (no image attached)(RFJ) (Entered: 09/23/2010)
09/23/2010
5
PROPOSED SUMMONS to be issued, filed by Plaintiff Laura Leigh. (Cowan, Gordon) Modified on 9/24/2010 Summons Issued on 9/24/2010(PM). (Entered: 09/23/2010)
09/24/2010
6
MOTION for Temporary Restraining Order by Plaintiff Laura Leigh. Motion ripe 9/24/2010. (Attachments: # 1 Exhibit Exh 1 BLM Notice, # 2 Declaration Eh 2 Decl L Leigh, # 3 Declaration Eh 3 Decl RT Fitch, # 4 Declaration Eh 4 Decl T Fitch, # 5 Declaration Eh 5 Decl D Coffey, # 6 Exhibit Eh 6 Corresp S Long)(Cowan, Gordon) (Entered: 09/24/2010)
09/24/2010
7
NOTICE of Appearance by attorney Erik Petersen on behalf of Defendants Bob Abbey, Ken Salazar, Ronald Wenker. (Petersen, Erik) (Entered: 09/24/2010)
09/24/2010
8
ORDER Transferring Case to the Northern Division of the District of Nevada. Signed by Judge James C. Mahan on 9/24/10. (Copies have been distributed pursuant to the NEF – ASB) (Entered: 09/24/2010)
09/24/2010Case assigned to Judge Larry R. Hicks and Magistrate Judge Valerie P. Cooke. ***Emergency motion previously filed in case.*** (BLG) (Entered: 09/24/2010)
09/24/2010
9
MOTION for Preliminary Injunction by Plaintiff Laura Leigh. Responses due by 10/11/2010. (Attachments: # 1 Exhibit Exh 1 BLM Notice, # 2 Declaration Exh 2 Decl L Leigh, # 3 Declaration Exh 3 Decl RT Fitch, # 4 Declaration Exh 4 Decl T Fitch, # 5 Declaration Exh 5 Decl D Coffey, # 6 Exhibit Exh 6 Letr S Long)(Cowan, Gordon) (Entered: 09/24/2010)
09/24/2010
10
SUMMONS Issued as to Bob Abbey, Ken Salazar, Ronald Wenker, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Salazar Summons, # (2) US Atty Summons, # 3 US Atty General Summons, # 4 Wenker Summons)(PM)Modified on 11/5/2010 text unnecessary text lined through. (BLG). (Entered: 09/24/2010)
09/25/2010
11
Supplemental BRIEF re 6 MOTION for Temporary Restraining Order ; filed by Plaintiff Laura Leigh. (Attachments: # 1 Declaration Exh 7- Decl L Peeples, # 2 Declaration Exh 8 – Decl K Fite, # 3 Exhibit Exh 9 Photos, # 4 Declaration Exh 10 – Decl L Leigh)(Cowan, Gordon) (Entered: 09/25/2010)
09/25/2010
12
Supplemental BRIEF re 9 MOTION for Preliminary Injunction ; filed by Plaintiff Laura Leigh. (Attachments: # 1 Declaration Exh 7 – Decl L Peeples, # 2 Declaration Exh 8 – Decl K Fite, # 3 Exhibit Exh 9 – Photos, # 4 Declaration Exh 10 – Decl L Leigh)(Cowan, Gordon) (Entered: 09/25/2010)
09/27/2010
13
ORDER denying, without prejudice, 6 Motion for TRO. See order for specifics. Signed by Judge Larry R. Hicks on 9/27/10. (Copies have been distributed pursuant to the NEF – EM) (Entered: 09/27/2010)
09/28/2010
14
DECLARATION of Service re 6 MOTION for Temporary Restraining Order ; filed by Plaintiff Laura Leigh. (Cowan, Gordon) (Entered: 09/28/2010)
10/01/2010
15
Amended MOTION for Temporary Restraining Order by Plaintiff Laura Leigh. Motion ripe 10/1/2010. (Attachments: # 1 Declaration Exh 11 Decl L Leigh)(Cowan, Gordon) (Entered: 10/01/2010)
10/01/2010
16
Amended MOTION for Preliminary Injunction by Plaintiff Laura Leigh. Responses due by 10/18/2010. (Attachments: # 1 Declaration Exh 11 – Decl L Leigh)(Cowan, Gordon) (Entered: 10/01/2010)
10/04/2010
17
Supplemental BRIEF re 15 Amended MOTION for Temporary Restraining Order ; filed by Plaintiff Laura Leigh. (Attachments: # 1 Declaration Exh 12 Decl Leigh, # 2 Exhibit Exh 13 Photos)(Cowan, Gordon) (Entered: 10/04/2010)
10/04/2010
18
CERTIFICATE of Interested Parties filed by Laura Leigh that identifies all parties that have an interest in the outcome of this case.. (Cowan, Gordon) (Entered: 10/04/2010)
10/04/2010
19
Supplemental BRIEF re 16 Amended MOTION for Preliminary Injunction ; filed by Plaintiff Laura Leigh. (Attachments: # 1 Declaration Exh 12 Decl L Leigh, # 2 Exhibit Exh 13 Photos)(Cowan, Gordon) (Entered: 10/04/2010)
10/08/2010
20
RESPONSE to 15 Amended MOTION for Temporary Restraining Order, filed by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. Replies due by 10/18/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Alan Shepherd, # 4 Declaration of Mary D’Aversa, # 5 Declaration of Heather Emmons)(Petersen, Erik) (Entered: 10/08/2010)
10/12/2010
21
REPLY to Response to 15 Amended MOTION for Temporary Restraining Order ; filed by Plaintiff Laura Leigh. (Attachments: # 1 Declaration Exh 14 L Leigh, # 2 Exhibit Exh 15 Photos Leigh)(Cowan, Gordon) (Entered: 10/12/2010)
10/15/2010
22
RESPONSE to 16 Amended MOTION for Preliminary Injunction, filed by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. Replies due by 10/25/2010. (Attachments: # 1 Attachment A – Declaration of Mary d’Aversa)(Petersen, Erik) (Entered: 10/15/2010)
10/15/2010
23
NOTICE by Defendants Bob Abbey, Ken Salazar, Ronald Wenker re 15 Amended MOTION for Temporary Restraining Order. Plaintiff’s Second TRO Motion is Moot (Attachments: # 1 Attachment A – Declaration of Mary d’Aversa)(Petersen, Erik) (Entered: 10/15/2010)
10/17/2010
24
MOTION to Strike 23 Notice (Other), Notice (Other) by Plaintiff Laura Leigh. Responses due by 11/3/2010. (Cowan, Gordon) (Entered: 10/17/2010)
10/21/2010
25
REPLY to Response to 16 Amended MOTION for Preliminary Injunction ; filed by Plaintiff Laura Leigh. (Attachments: # 1 Declaration Exh 14 Leigh Decl, # 2 Exhibit Exh 15 Leigh Photos)(Cowan, Gordon) (Entered: 10/21/2010)
10/28/2010
26
MOTION to Strike 21 Reply to Response to Motion, 25 Reply to Response to Motion by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. Responses due by 11/14/2010. (Petersen, Erik) (Entered: 10/28/2010)
11/01/2010
27
MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 11/1/2010. By Deputy Clerk: Dionna Negrete. A hearing for presentation of oral argument on the Motion for Preliminary Injunction [Doc # 9 ], Amended Motion for a Temporary Restraining Order [Doc # 15 ], Amended Motion for a Preliminary Injunction [Doc # 16 ], and Motion to Strike [Doc # 24 ] is scheduled on November 16, 2010 at 1:30 p.m. in Courtroom No. 5 before Judge Larry R. Hicks. (no image attached) (Copies have been distributed pursuant to the NEF – DBN) Modified on 11/3/2010 motion link added. (BLG). (Entered: 11/01/2010)
11/05/2010
28
SUMMONS Returned Executed by Laura Leigh re 10 Summons Issued as to USA, 1 Complaint,. Bob Abbey served on 11/4/2010, answer due 1/3/2011; Ken Salazar served on 11/4/2010, answer due 1/3/2011; Ronald Wenker served on 11/4/2010, answer due 1/3/2011. (Cowan, Gordon) (Entered: 11/05/2010)
11/12/2010
29
MOTION to Quash Subpoena by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. Motion ripe 11/12/2010. (Attachments: # 1 Exhibit A)(Petersen, Erik) (Entered: 11/12/2010)
11/12/2010
30
RESPONSE to 26 MOTION to Strike 21 Reply to Response to Motion, 25 Reply to Response to Motion, filed by Plaintiff Laura Leigh. Replies due by 11/22/2010. (Cowan, Gordon) (Entered: 11/12/2010)
11/14/2010
31
REPLY to Response to 26 MOTION to Strike 21 Reply to Response to Motion, 25 Reply to Response to Motion ; filed by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. (Petersen, Erik) (Entered: 11/14/2010)
11/15/2010
32
SUBPOENA Returned Executed as to Chris Hanefeld (BLM) (Cowan, Gordon) (Entered: 11/15/2010)
11/15/2010
33
ORDER denying, without prejudice, 29 Motion to Quash Subpoena. See order for specifics. Signed by Judge Larry R. Hicks on 11/15/10. (Copies have been distributed pursuant to the NEF – EM) (Entered: 11/15/2010)
11/15/2010
34
WITNESS LIST for TRO/Prelim Inj Hearing by Plaintiff Laura Leigh.(Cowan, Gordon) (Entered: 11/15/2010)
11/16/2010
35
MINUTES OF PROCEEDINGS – Motion Hearing held as to Motion for Preliminary Injunction 9 , Motion for Temporary Restraining Order 15 , Amended Motion for Preliminary Injunction 16 and Motion to Strike 24 in case 3:10-cv-597 and as to the Motion for Reconsideration in case 3:10-cv-417 on 11/16/2010 before Judge Larry R. Hicks. Crtrm Administrator: Dionna Negrete; Pla Counsel: Gordon Cowan; Def Counsel: Erik Petersen and Greg Addington; Court Reporter/FTR #: Donna Davidson; Time of Hearing: 2:00 – 5:17 p.m.; Courtroom: 5. Court convenes. Evidence and witnesses presented as to motions. Counsel may file Briefs within 15 days and responses may be filed 10 days thereafter. Matter stands submitted. (See attached minutes) (Copies have been distributed pursuant to the NEF – DBN) (Entered: 11/17/2010)
11/17/2010
36
EXHIBIT LIST for Hearing Held November 16, 2010.(DRM) (Entered: 11/18/2010)
11/23/2010
37
TRANSCRIPT of Proceedings, 35 Motion Hearing, held on 11/16/10, before Judge Larry R. Hicks. Court Reporter/Transcriber: Donna Davidson, 775-329-0132. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court’s “Transcript Order” form available on our website www.nvd.uscourts.govbefore the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/14/2010. Redacted Transcript Deadline set for 12/24/2010. Release of Transcript Restriction set for 2/21/2011. (DD) (Entered: 11/23/2010)
12/01/2010
38
BRIEF filed by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. regarding the scope of review (Petersen, Erik) Modified on 12/10/2010 link to hearing 35 . (BLG). (Entered: 12/01/2010)
12/01/2010
39
BRIEF filed by Plaintiff Laura Leigh. Post Hearing (Attachments: # 1 Exhibit Bolstad Email)(Cowan, Gordon) Modified on 12/10/2010 link to hearing 35 . (BLG). (Entered: 12/01/2010)
12/09/2010
40
BRIEF re 39 Brief ; filed by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. (Petersen, Erik) Modified on 12/10/2010 link to hearing 35 . (BLG). (Entered: 12/09/2010)
12/11/2010
41
BRIEF re 38 Brief ; filed by Plaintiff Laura Leigh. Response to Defendants’ Brief re Scope of Review (Cowan, Gordon) (Entered: 12/11/2010)
12/23/2010
42
STIPULATION re Extension of Time to File Responsive Pleading by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. (Petersen, Erik) (Entered: 12/23/2010)
12/27/2010
43
ORDER ON 42 STIPULATION : Federal Ds’ answer/response due 1/17/2011. Signed by Judge Larry R. Hicks on 12/27/2010. (Copies have been distributed pursuant to the NEF – DRM) (Entered: 12/27/2010)
01/14/2011
44
ANSWER to 1 Complaint, filed by Bob Abbey, Ken Salazar, Ronald Wenker. Certificate of Interested Parties due by 1/24/2011. Discovery Plan/Scheduling Order due by 2/28/2011.(Petersen, Erik) (Entered: 01/14/2011)
01/18/2011
45
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 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. (no image attached) (PM) (Entered: 01/18/2011)
02/07/2011
46
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 2/7/2011. By Deputy Clerk: LGM. A Case Management Conference is set for 3/3/2011 at 09:00 AM in Reno Courtroom 1 before Magistrate Judge Valerie P. Cooke. Out-of-state counsel shall be allowed to appear telephonically for this conference and shall advise Lisa Mann at (775)686-5653 at least two (2) days prior of the telephone number at which counsel can be reached for the case management conference. The parties shall jointly file a case management report by no later than the close of business on Tuesday, February 22, 2011. See the attached order for specfications. (Copies have been distributed pursuant to the NEF – LGM) (Entered: 02/07/2011)
02/14/2011
47
USCA Notice to Appellant dtd 2/14/2011 re receipt of PETITION FOR PERMISSION TO APPEAL UNDER 28 U.S.C. § 1292(a)(1). USCA case number 11-80022 assigned. (DRM) (Entered: 02/14/2011)
02/15/2011
48
Joint MOTION to Stay by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. Motion ripe 2/15/2011. (Attachments: # 1 Exhibit A)(Petersen, Erik) (Entered: 02/15/2011)
02/18/2011
49
ORDER. IT IS ORDERED that the 48 motion to stay is GRANTED in part and DENIED in part. All case management and discovery matters in this action are STAYED pending further order of this court. Signed by Judge Larry R. Hicks on 2/18/2011. (Copies have been distributed pursuant to the NEF – PM) (Entered: 02/18/2011)
02/22/2011
50
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Valerie P. Cooke, on 2/22/2011. By Deputy Clerk: LGM. In light of the District Court’s order 49 , the case management conference set before this Court on March 3, 2011 at 09:00 AM is VACATED. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF – LGM) (Entered: 02/22/2011)
03/16/2011
51
NOTICE of Change of Address by Gordon M. Cowan. (Cowan, Gordon) (Entered: 03/16/2011)
04/13/2011
52
ORDER. IT IS ORDERED that P’s 9 motion for a preliminary injunction is DENIED as moot. FURTH ORD that P’s 15 amended motion for tro, 16 amended motion for preliminary injunction, and 24 motion to strike, and Ds’ 26 motion to strike are DENIED. Signed by Judge Larry R. Hicks on 4/13/2011. (Copies have been distributed pursuant to the NEF – PM) (Entered: 04/13/2011)
04/21/2011
53
USCA ORDER, Ninth Circuit, dtd 4/21/2011 : Motion to withdraw petition for permission to appeal is granted. USCA case 11-80022 closed.(DRM) (Entered: 04/21/2011)
04/28/2011
54
NOTICE OF APPEAL as to 52 Order on Motion for Preliminary Injunction,, Order on Motion for TRO,,,, Order on Motion to Strike,,, by Plaintiff Laura Leigh. Filing fee $ 455, receipt number 0978-1968981. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Cowan, Gordon) (Entered: 04/28/2011)
04/29/2011
55
CERTIFICATE OF RECORD on 54 Notice of Appeal.
The record on appeal, consisting of the reporter’s transcripts and the United States District Court clerk’s record is ready for the purpose of the appeal.
This file exists in electronic format and is accessible via CM/ECF – PACER. The documents comprising the United States District Court clerk’s record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court’s docket sheet and should be used for reference purposes in the briefs.
Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document.
E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached) (KO) (Entered: 04/29/2011)
04/29/2011
56
TIME SCHEDULE ORDER of USCA as to 54 Notice of Appeal. USCA Case Number 11-16088. Briefing dates will be set by a future court order. Mediation Questionnaire due 5/6/2011. The optional appellant’s reply brief shall be filed within fourteen days of service of the appellees’ brief. (MLC) (Entered: 04/29/2011)
04/29/2011
57
AMENDED NOTICE OF APPEAL re 54 NOTICE OF APPEAL by Plaintiff Laura Leigh. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Cowan, Gordon) Modified on 5/2/2011 to add link(PM). (Entered: 04/29/2011)
02/14/2012
58
OPINION of USCA, Ninth Circuit USCA No. 11-16088 as to 57 Amended Notice of Appeal and 54 Notice of Appeal. REVERSED AND REMANDED. (MLC) (Entered: 02/14/2012)
04/16/2012
59
AMENDED MEMORANDUM/OPINION of USCA 11-16088 , Ninth Circuit, as to 57 Amended Notice of Appeal and 58 Memorandum/Opinion. Amending Disposition Opinion REVERSED AND REMANDED: The opinion filed on February 14, 2012 is amended as follows: On slip opinion page 1775, line 33, add the following sentence after wild horses that should be removed.: And the BLMs Record of Decision authorizes the BLM to gather additional Silver King horses through 2013. With this amendment, the panel has voted to deny the petition for rehearing. Subsequent petitions for rehearing or rehearing en banc may not be filed. (MLC) (Entered: 04/16/2012)
04/24/2012
60
MANDATE of USCA, Ninth Circuit, as to 58 USCA Memorandum/Opinion. MANDATE ISSUED. 11-16088. (MLC) (Entered: 04/24/2012)
04/24/2012
61
AMENDED MANDATE of USCA, Ninth Circuit, as to 60 USCA Mandate and 58 Memorandum/Opinion. 11-16088 (MLC) (Entered: 04/25/2012)
04/27/2012
62
COSTS TAXED by USCA CLERK in amount of $ 311.90 against Defendant/Appellant DOI. USCA case 11-16088 . (DRM) (Entered: 04/27/2012)
05/11/2012
63
ORDER ON MANDATE as to 54 Notice of Appeal. The USCA having on 4/24/2012 issued its Judgment reversing and remanding the judgment to USDC 61 . IT IS ORDERED that the mandate be spread upon the records of this court. FURTHER ORDERED that a telephonic status hearing will be held on Wednesday,5/30/2012 at 10:00 a.m. in Courtroom 5, for the purpose of scheduling a hearing regarding Plaintiff’s motion for preliminary injunction. Status Conference participants shall call AT&T no later than 5 minutes prior to thehearing at 1 (888) 273-3658, and provide Access Code 9260179 and Security Code 050312.IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF – MLC) (Entered: 05/14/2012)
05/25/2012
64
MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 5/25/2012. By Deputy Clerk: Dionna Negrete. The Court conducted a brief telephonic conference with counsel regarding the status of this case. Pursuant to the request of counsel, and in the best interest of judicial resources, IT IS ORDERED that the Telephonic Status Conference currently scheduled on Wednesday, 5/30/12 is hereby VACATED. Status Conference is rescheduled for Monday, 7/16/12 at 11:00 a.m. in Reno Courtroom 5 before Judge Larry R. Hicks. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF – DBN) (Entered: 05/25/2012)
07/11/2012
65
Unopposed MOTION to Continue District Judge Hearing filed jointly by the parties by Defendants Bob Abbey, Ken Salazar, Ronald Wenker. Motion ripe 7/11/2012. (Petersen, Erik) (Entered: 07/11/2012)
07/12/2012
66
MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks, on 7/12/2012. By Deputy Clerk: Dionna Negrete. The Joint Motion to Continue Status Conference 65 , is GRANTED. IT IS ORDERED that the telephonic Status Conference currently set for 7/16/12, is CONTINUED to Thursday, 8/9/12 at 10:00 a.m. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1 (888) 273-3658, and provide Access Code 9260179, and Security Code 080912. (See Attached). (Copies have been distributed pursuant to the NEF – DBN) (Entered: 07/12/2012)
08/09/2012
67
MINUTES OF PROCEEDINGS – Telephonic Status Conference held on 8/9/2012 before Judge Larry R. Hicks. Crtrm Administrator: Dionna Negrete; Pla Counsel: Gordon M. Cowan; Def Counsel: Erik Petersen; Court Reporter/FTR #: Donna Davidson; Time of Hearing: 10:00 – 10:05 a.m.; Courtroom: 5. Counsel inform the Court of the status of the case. Counsel will be meeting 8/22/12 at 10 a.m. for informal settlement discussions regarding this case and 3:11-cv-608-HDM-WGC before Judge McKibben. IT IS ORDERED that Telephonic Status Conference is continued to Tuesday, 9/18/12 at 10:00 a.m. in Reno Courtroom 5 before Judge Larry R. Hicks. Counsel shall call AT&T no later than five (5) minutes prior to the hearing at 1 (888) 273-3658, and provide Access Code 9260179 and Security Code 091812. IT IS FURTHER ORDERED that counsel shall contact the Court should the matter settle prior to the scheduled status conference. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF – DBN) Modified on 8/9/2012 (DBN). (Entered: 08/09/2012)
09/18/2012
68
MINUTES OF PROCEEDINGS – Telephonic Status Conference held on 9/18/2012 before Judge Larry R. Hicks. Crtrm Administrator: Dionna Negrete; Pla Counsel: Gordon M. Cowan by phone; Def Counsel: Erik Petersen by phone; Court Reporter/FTR #: Donna Davidson; Time of Hearing: 10:05 – 10:19 a.m.; Courtroom: 5. Counsel inform the Court that they are participating in ongoing settlment negotiations. Mr. Peterson requests an additional 60 days to complete the negotiations. Mr. Cowan responds and is more comfortable with a 30 day continuance due to the age of the case. The Court and counsel confer. IT IS ORDERED that Telephonic Status Conference shall be set Thursday, 10/18/12 at 10:00 a.m. in Reno Courtroom 5 before Judge Larry R. Hicks. Counsel shall continue working towards finalization of settlement negotiations. Should counsel not be able to give a strong indication of settlement at the time of the next status conference, the Court will set the matter for trial. IT IS FURTHER ORDERED counsel shall call AT&T no later than five (5) minutes prior to the hearing at 1 (888) 273-3658, and provide Access Code 9260179 and Security Code 101812. IT IS SO ORDERED. Court adjourns.(no image attached) (Copies have been distributed pursuant to the NEF – DBN) (Entered: 09/18/2012)