Tagle v. State of Nevada et al

Filing 136

ORDER GRANTING ECF No. 135 Motion for copies. The Clerk is directed to send a copy of the docket sheet and complaint (ECF No. 7 ) in this matter to the Plaintiff. ( Copies attached hereto for distribution to P via LCC law library. ) Signed by Magistrate Judge William G. Cobb on 9/5/2017. (Attachments: # 1 PACER Docket Sheet, # 2 Copy of Complaint No. 7) (Copies have been distributed pursuant to the NEF - DRM)

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MEDIATION

United States District Court
District of Nevada (Reno)
CIVIL DOCKET FOR CASE #: 3:16-cv-00148-MMD-WGC

Tagle v. State of Nevada et al
Assigned to: Judge Miranda M. Du
Referred to: Magistrate Judge William G. Cobb
Cause: 42:1983 Prisoner Civil Rights

Date Filed: 03/15/2016
Jury Demand: Plaintiff
Nature of Suit: 550 Prisoner: Civil Rights
Jurisdiction: Federal Question

Plaintiff
Victor Tagle
1080239
Lovelock Correctional Center
1200 Prison Rd
Lovelock, NV 89419

represented by Lovelock Correctional Center
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Northern Nevada Correctional Center
c/o Librarian
Email: [e-mail]
TERMINATED: 03/29/2017

V.
Defendant
Nevada, State Of
TERMINATED: 10/17/2016
Defendant
E.K. McDaniels
NDOC Director
TERMINATED: 10/17/2016
Defendant
Renee Baker
Warden
TERMINATED: 10/17/2016
Defendant
C. Rowly
Guard

represented by Gerri L Hardcastle
Nevada Office of the Attorney General
100 North Carson Street
Carson City, NV 89701
775-684-1259
Fax: [phone]

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Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Adam P. Laxalt
Nevada Attorney General
100 North Carson Street
Carson City, NV 89701
775-684-1100
Fax: [phone]
Email: [e-mail]
TERMINATED: 11/02/2016
Clark G Leslie
Office of the Attorney General
100 N Carson St
Carson City, NV 89701
775-684-1258
Fax: [phone]
Email: [e-mail]
TERMINATED: 02/21/2017
Erin L. Albright
Nevada Attorney General's Office
100 N Carson Street
Carson City, NV 89701
775-684-1257
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Defendant
Caldwell
Guard
TERMINATED: 10/17/2016

Date Filed

#

Docket Text

03/15/2016

1 MOTION/APPLICATION for Leave to Proceed in forma pauperis, by Plaintiff
Victor Tagle. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Cover
Letter) (KR) (Entered: 03/16/2016)

03/16/2016

2 NOTICE from USDC advising case against State of Nevada, et al., has been
received and assigned case number 3:16-cv-00148. (KR) (Entered: 03/16/2016)

03/16/2016

Case assigned to District Judge Miranda M. Du and Magistrate Judge William G.
Cobb. (WJ) (Entered: 03/16/2016)

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04/27/2016

3 AFFIDAVIT of Victor Tagle, filed by Plaintiff Victor Tagle. (KR) (Entered:
04/29/2016)

04/29/2016

4 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 4/29/2016, re letter returned. (Attachments: # 1 Letter of Complaint)
(Copies have been distributed pursuant to the NEF - KR) (Attachment 1 replaced
on 4/29/2016) (KR). (Entered: 04/29/2016)

10/13/2016

5 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 10/13/2016, re letter returned to sender. (Attachments: # 1 Letter
returned) (Copies have been distributed pursuant to the NEF - KR) (Entered:
10/13/2016)

10/17/2016

6 SCREENING ORDER. IT IS HEREBY ORDERED, deferring decision on ECF
No. 1 IFP application; Clerk directed to file Complaint ECF No. 1 -1; Counts
dismissed or allowed to proceed as specified herein. See order for further
details. Defendants State of Nevada and Caldwell dismissed with prejudice;
Defendants McDaniels and Baker are dismissed without prejudice; case stayed
until January 15, 2017 to allow parties to settle their dispute before filing fee is
paid; if case does not settle Plaintiff will be required to pay full $350 filing fee; if
party seeks exclusion from inmate mediation program, party must file a motion
to exclude case from mediation by 11/07/2016; directing Clerk to electronically
serve copy of order and Plaintiffs Complaint ECF No. 1 -1 on AG (E-service
performed 10/17/2016.); directing AG to advise Court by 11/07/2016 whether it
will enter a limited notice of appearance on behalf of Defendant for purpose of
settlement. Signed by Judge Miranda M. Du on 10/17/2016. (Copies have been
distributed pursuant to the NEF - KW) (Entered: 10/17/2016)

10/17/2016

7 COMPLAINT, filed by Victor Tagle. Proof of service due by 1/15/2017.(KW)
Modified on 10/18/2016 to delete extraneous text re filing fee (DRM). (Entered:
10/17/2016)

11/02/2016

8 NOTICE Limited appearance by C. Rowly re 6 Screening Order,,,,. (Leslie,
Clark) (Entered: 11/02/2016)

11/09/2016

9 MOTION - Request for Summons, by Plaintiff Victor Tagle. Responses due by
11/26/2016. (DRM) (Entered: 11/09/2016)

11/16/2016

10 AFFIDAVIT in Support of Lawsuit, filed by Plaintiff Victor Tagle. (KR)
(Entered: 11/16/2016)

11/22/2016

11 MOTION for Disclosure of Information From Defendants and Affidavit, by
Plaintiff Victor Tagle. Responses due by 12/9/2016. (KR) (Entered: 11/22/2016)

12/05/2016

12 RESPONSE to 11 Motion, filed by Defendant C. Rowly. Replies due by
12/15/2016. (Leslie, Clark) (Entered: 12/05/2016)

12/12/2016

13 ORDER Setting Inmate Early Mediation Conference. An Inmate Early
Mediation Conference is set for Tuesday 1/3/2017 at 8:30 AM in Reno
Courtroom 2 before Mediator Stephen Balkenbush. The Attorney General's
Office will make the necessary arrangements for plaintiff to appear by video and

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will provide Katie Lynn Ogden at 775-686-5758 with the video conference
reservation number and telephone number at which the plaintiff can be reached.
The mediation statements shall be received by chambers at 400 S. Virginia
Street, Suite 405, Reno, NV 89501 no later than Tuesday 12/27/2016 at 4:00
PM DO NOT FILE THE MEDIATION STATEMENTS; DO NOT SERVE A
COPY ON OPPOSING COUNSEL. See the attached order for specifications.
Signed by Magistrate Judge William G. Cobb on 12/12/2016. (Copies have been
distributed pursuant to the NEF - DRM) (Entered: 12/12/2016)
12/13/2016

14 REPLY to ECF No. 12 Response to ECF No. 11 Motion for disclosure, filed by
Plaintiff Victor Tagle. (DRM) (Entered: 12/13/2016)

01/03/2017

15 MINUTES OF PROCEEDINGS - Early Mediation Conference held on 1/3/2017
before Mediator Stephen Balkenbush, Esq. Crtrm Administrator: Katie Lynn
Ogden; Pla Counsel: Victor Tagle, Pro Se (via video); Def Counsel: Clark Leslie;
Recorder: FTR; Time of Hearing: 8:36 a.m. - 10:06 a.m.; Courtroom: 2.
1st mediation session. A settlement was NOT reached. The recording of this
report of mediation is SEALED.
An early mediation program questionnaire for Plaintiff to complete has been
mailed to the Plaintiff along with a copy of these minutes. The questionnaire
should be completed and returned to Judicial Assistant, at 400 South Virginia
Street, Suite 404, Reno, Nevada 89501 within thirty (30) days. DO NOT FILE
THE QUESTIONNAIRE. IT IS SO ORDERED(no image attached) (Copies
have been distributed pursuant to the NEF - KO) (Entered: 01/03/2017)

01/11/2017

16 STATUS REPORT re 90 Day Stay by Defendant C. Rowly. (Leslie, Clark)
(Entered: 01/11/2017)

01/19/2017

17 RESPONSE Plaintiff's answer and request to the defendant's 90 day Stay Report
ECF No. 16 , filed by Plaintiff Victor Tagle. (KW) (Entered: 01/19/2017)

01/20/2017

18 ORDER granting Plaintiff's ECF No. 1 IFP application - NDOC to pay Clerk
from inmate account (copy of order sent to Finance and NDOC Chief of Inmate
Services); denying as moot ECF No. 9 Motion Requesting Summonses;
denying as moot ECF No. 11 Motion for Disclosure of Information; directing
Clerk to e-serve NV AG with this order and ECF No. 7 Complaint (NEFs sent
1/20/2017). AG to advise Court within 21 days re service. Answer due within 60
days for any defendants represented. Plaintiff shall serve defendants copy of all
pleadings and include certificate of service. See order for further details.
Signed by Magistrate Judge William G. Cobb on 1/20/2017. (Copies have been
distributed pursuant to the NEF - KR) (Entered: 01/20/2017)

01/23/2017

19 ACCEPTANCE OF SERVICE by C. Rowly on 1/23/2017; executed by C.
Rowly. (Leslie, Clark) (Entered: 01/23/2017)

01/30/2017

20 RESPONSE to ECF No. 18 Order, filed by Plaintiff Victor Tagle. (KR) (Entered:
01/30/2017)

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02/01/2017

21 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 2/1/2017, re Plaintiff's ECF No. 20 Response to ECF No. 18 Order.
(Copies have been distributed pursuant to the NEF - KR) (Entered: 02/01/2017)

02/21/2017

22 NOTICE of Change of Deputy Attorney General on behalf of Defendant C.
Rowly. Deputy Attorney General Clark G Leslie terminated. (Hardcastle, Gerri)
(Entered: 02/21/2017)

02/28/2017

23 NOTICE "Plaintiff's Answer to: A.G. Deputy's Notices" ECF No. 22 , by Victor
Tagle. (KW) (Entered: 02/28/2017)

02/28/2017

24 MOTION to Dismiss Defendants' Motions, by Plaintiff Victor Tagle. Responses
due by 3/14/2017. (KW) (Entered: 02/28/2017)

03/01/2017

25 ORDER denying 24 Plaintiff's Motion to Dismiss Defendants' Motions. Signed
by Magistrate Judge William G. Cobb on 3/1/2017. (Copies have been
distributed pursuant to the NEF - HJ) (Entered: 03/01/2017)

03/08/2017

26 LETTER from Victor Tagle to D.A.G. Hardcastle. (KW) (Entered: 03/10/2017)

03/21/2017

27 ANSWER to 7 Complaint filed by C. Rowly. Discovery Plan/Scheduling Order
due by 4/20/2017.(Hardcastle, Gerri)
NOTICE of Certificate of Interested Parties requirement: Under Local Rule
7.1-1, a party must immediately file its disclosure statement with its first
appearance, pleading, petition, motion, response, or other request addressed to
the court. (Entered: 03/21/2017)

03/21/2017

28 SCHEDULING ORDER FOR CIVIL RIGHTS ACTIONS FILED BY
INCARCERATED PRO SE PLAINTIFFS - Discovery due by 6/19/2017.
Motions due by 7/19/2017. Proposed Joint Pretrial Order due by 8/18/2017.
Signed by Magistrate Judge William G. Cobb on 3/21/2017. (Copies have been
distributed pursuant to the NEF - DRM) (Entered: 03/21/2017)

03/21/2017

29 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. 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 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

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Form 4(a)(2). (DRM) (Entered: 03/21/2017)
03/29/2017

30 NOTICE of Change of Address, by Plaintiff Victor Tagle. Old: NNCC. New:
Lovelock. (KR) (Entered: 03/29/2017)

03/29/2017

31 RESPONSE to ECF No. 28 Scheduling Order, ECF No. 29 Notices - Plaintiff's
Answer to Court's Orders, filed by Plaintiff Victor Tagle. (KR) (Entered:
03/29/2017)

04/13/2017

32 LETTER from Victor Tagle to Clerk with attachment of document file stamped
Mar 29 2017. (DRM) (Entered: 04/13/2017)

04/17/2017

33 Answers to: Leslie's Answer to Plaintiff's Tort Assault and Discrimination, by
Victor Tagle re ECF No. 27 Answer to Complaint. (KW) (Entered: 04/17/2017)

04/17/2017

34 MOTION Request for Court's Order for Copy Work to Submit Discovery , by
Plaintiff Victor Tagle. Responses due by 5/1/2017. (KW) (Entered: 04/17/2017)

04/18/2017

35 NOTICE Inquire in Plaintiff's Answer to Hardcastle's 21 Answers to Plaintiff, by
Victor Tagle. (KW) (Entered: 04/18/2017)

04/18/2017

36 LETTER from Victor Tagle. (KW) (Entered: 04/18/2017)

04/18/2017

37 MINUTE ORDER GRANTING ECF No. 34 Motion to increase copy work
limit : Plaintiff's copy work limit shall be increased by $5.00. The Clerk shall
send a copy of this order extending copy work to the Chief of Inmate Services.
(Mailed to Chief Inmate Services on 4/18/2017.) Signed by Magistrate Judge
William G. Cobb on 4/18/2017. (Copies have been distributed pursuant to the
NEF - DRM) (Entered: 04/18/2017)

04/21/2017

38 MOTION for Summary Judgment, by Plaintiff Victor Tagle. Responses due by
5/12/2017. (KW) (Entered: 04/21/2017)

04/21/2017

39 MOTION - Request of Extension on Submit Discovery et al.,(First Request) by
Plaintiff Victor Tagle. (KW) (Entered: 04/21/2017)

04/21/2017

40 MOTION - Request for Court Intervention..., by Plaintiff Victor Tagle.
Responses due by 5/5/2017. (KW) (Entered: 04/21/2017)

04/24/2017

41 ORDER denying 40 Plaintiff's Request for Court Intervention. Signed by
Magistrate Judge William G. Cobb on 4/24/2017. (Copies have been distributed
pursuant to the NEF - HJ) (Entered: 04/24/2017)

04/27/2017

42 RESPONSE to ECF No. 38 Motion for Summary Judgment, filed by Plaintiff
Victor Tagle. (KR) (Entered: 04/27/2017)

04/27/2017

43 STRICKEN PURSUANT TO 98 MINUTES OF PROCEEDINGS
AFFIDAVIT by Plaintiff Victor Tagle. (Attachments: # 1 Affidavit Part 2) (KR)
Modified on 6/30/2017. (KO) (Entered: 04/27/2017)

05/01/2017

44 STRICKEN PURSUANT TO 98 MINUTES OF PROCEEDINGS NOTICE,
by Victor Tagle. (KW) Modified on 6/30/2017. (KO) (Entered: 05/01/2017)

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05/02/2017

45 NOTICE - Request for Review of Last Submission.., by Victor Tagle. (DRM)
Modified on 5/2/2017 for font (DRM). (Entered: 05/02/2017)

05/03/2017

46 STRICKEN PURSUANT TO 98 MINUTES OF PROCEEDINGS
AFFIDAVIT in Support of Cases..., by Plaintiff Victor Tagle. (KR) Modified on
6/30/2017. (KO) (Entered: 05/03/2017)

05/03/2017

47 STRICKEN PURSUANT TO 98 MINUTES OF PROCEEDINGS NOTICE Resubmission of exhibits..., by Victor Tagle. (Attachments: # 1 Part 2) (DRM)
Modified on 6/30/2017. (KO) (Entered: 05/03/2017)

05/03/2017

48 NOTICE of Association of Counsel by Gerri L Hardcastle on behalf of
Defendant C. Rowly. (Hardcastle, Gerri) (Entered: 05/03/2017)

05/03/2017

49 RESPONSE to 40 Motion to Intervene, filed by Defendant C. Rowly.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hardcastle, Gerri) (Entered: 05/03/2017)

05/04/2017

50 RESPONSE to 38 Motion for Summary Judgment, filed by Defendant C. Rowly.
Replies due by 5/18/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Albright,
Erin) (Entered: 05/04/2017)

05/04/2017

51 MOTION Request for Increase on Copy Work to Submit Exhibits and Submission
of Exhibits to the Above Cases, by Plaintiff Victor Tagle. Responses due by
5/18/2017. (KW) (Entered: 05/04/2017)

05/04/2017

52 RESPONSE to 39 Motion to Extend Time/Shorten Time regarding Discovery or
Nondispositive matter, filed by Defendant C. Rowly. Replies due by 5/11/2017.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Albright, Erin)
(Entered: 05/04/2017)

05/05/2017

53 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 5/5/2017. Plaintiff's motion ECF No. 51 is GRANTED IN PART.
Plaintiff's copy work limit shall be increased by $10.00 for use in this case only.
The Clerk shall send a copy of this order extending copy work to the Chief of
Inmate Services for NDOP (P.O. Box 7011 Carson City, NV 89702) so that the
funds can be properly allocated (mailed 05/05/2017). (Copies have been
distributed pursuant to the NEF - KW) (Entered: 05/05/2017)

05/08/2017

54 MOTION Request for Review of Filings, by Plaintiff Victor Tagle. Responses
due by 5/22/2017. (KW) (Entered: 05/08/2017)

05/09/2017

55 MOTION for Evidentiary Hearing, filed by Plaintiff Victor Tagle. (KW)
(Entered: 05/09/2017)

05/09/2017

56 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 5/9/2017.
Before the court is Plaintiff's Motion for Review of Filings 54 . Plaintiff states he
filed "Plaintiff's Response to Motion for Summary Judgment" on or about April
25, 2017, and is unsure if the document was filed on the court's docket. Plaintiff's
response to motion for summary judgment was indeed filed on April 27, 2017,

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and appears on the docket as ECF No. 42.
Plaintiff's Motion for Review of Filings 54 is DENIED as moot.
IT IS SO ORDERED.
(Copies have been distributed pursuant to the NEF - HJ) (Entered: 05/09/2017)
05/09/2017

57 NOTICE (Plaintiff's Answer, to Defendant's Response to: Request of Extension
on Submission of Discoveries, due to the D.A.G's Illegal Removal of Property
and Summary Judgment), by Victor Tagle. (KW) (Entered: 05/09/2017)

05/09/2017

58 RESPONSE to ECF No. 53 Minutes of the Court, filed by Plaintiff Victor Tagle.
(KW) (Main Document 58 replaced on 5/9/2017) (KW). (Entered: 05/09/2017)

05/09/2017

59 RESPONSE to 43 Affidavit, filed by Defendant C. Rowly. (Albright, Erin)
(Entered: 05/09/2017)

05/11/2017

60 MOTION to Strike 42 Response - Other by Defendant C. Rowly. Responses due
by 5/25/2017. (Hardcastle, Gerri) (Entered: 05/11/2017)

05/11/2017

61 MOTION to Strike 43 Affidavit by Defendant C. Rowly. Responses due by
5/25/2017. (Hardcastle, Gerri) (Entered: 05/11/2017)

05/11/2017

62 MOTION to Strike 46 Affidavit, 47 Notice (Other) by Defendant C. Rowly.
Responses due by 5/25/2017. (Hardcastle, Gerri) (Entered: 05/11/2017)

05/11/2017

63 MOTION for Issue of Summonses on Record, Illegal Confiscation of
Documents/Exhibits/Physical/Emotional Stress Inflicted on Plaintiff due to
Retaliation, by Plaintiff Victor Tagle. Responses due by 5/25/2017. (KW)
(Entered: 05/11/2017)

05/11/2017

64 MOTION to Strike 44 Notice (Other) by Defendant C. Rowly. Responses due by
5/25/2017. (Albright, Erin) (Entered: 05/11/2017)

05/12/2017

65 MOTION Plaintiff's Request for Court's and FBI's Intervention and Evidentiary
Hearing, no Record, Tampering of Case, Under D.A.G's Order.", by Plaintiff
Victor Tagle. Responses due by 5/26/2017. (KW) (Entered: 05/12/2017)

05/16/2017

66 ORDER denying 65 Plaintiff's Motion for Court's and FBI's Intervention and
Evidentiary Hearing in Regard to Tampering of Cases. Signed by Magistrate
Judge William G. Cobb on 5/16/2017. (Copies have been distributed pursuant to
the NEF - HJ) (Entered: 05/16/2017)

05/16/2017

67 NOTICE of Retaliation From Defendants..., by Victor Tagle. (KR) (Entered:
05/16/2017)

05/16/2017

68 RESPONSE to 45 Notice (Other), Non Opposition to Request for Review filed by
Defendant C. Rowly. (Hardcastle, Gerri) (Entered: 05/16/2017)

05/18/2017

69 RESPONSE to Erin Albright's 64 Motions to Strike, filed by Plaintiff Victor
Tagle. (KR) Modified on 5/19/2017 link added. (BLG). (Entered: 05/18/2017)

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05/18/2017

70 RESPONSE to 67 Notice (Other), filed by Defendant C. Rowly. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Hardcastle, Gerri) (Entered:
05/18/2017)

05/18/2017

71 RESPONSE to 55 Motion for Hearing, filed by Defendant C. Rowly.
(Hardcastle, Gerri) (Entered: 05/18/2017)

05/18/2017

72 RESPONSE to ECF No. 66 Order - Plaintiff's Answer to Court's Order, filed by
Plaintiff Victor Tagle. (KR) (Entered: 05/19/2017)

05/19/2017

73 RESPONSE to ECF No. 66 Order - Plaintiff's Answer in Regard Document
Number 66, filed by Plaintiff Victor Tagle. (KR) (Entered: 05/19/2017)

05/22/2017

74 RESPONSE - Plaintiff's Answer to Defendant's Response to Request of
Extension..., filed by Plaintiff Victor Tagle. (KR) (Entered: 05/22/2017)

05/22/2017

75 RESPONSE to defendant's answer (ECF No. 70 ), filed by Plaintiff Victor Tagle.
(DRM) (Entered: 05/23/2017)

05/23/2017

76 RESPONSE to defendant's answer (ECF No. 70 ), filed by Plaintiff Victor Tagle.
(Appears to be DUPLICATE re ECF NO. 75 .) (DRM) (Entered: 05/23/2017)

05/23/2017

77 RESPONSE Plaintiff's Answer in record document ECF No. 66 Order on
Motion, filed by Plaintiff Victor Tagle (appears to be a duplicate to ECF No. 73
sent electronically via Lovelock Library). (KW) (Entered: 05/23/2017)

05/23/2017

78 MOTION Defendants Motion for a Pre Trial Case Management Conference to
Caution Plaintiff, Motion for Instructions to Defendants, and Motion for a Stay
of All Filings in the Interim by Defendant C. Rowly. Responses due by 6/6/2017.
(Attachments: # 1 Exhibit Findings of Fact Conclusions of Law and Order re:
vexatious litigant, # 2 Exhibit Screening Order and Report and
Recommendation)(Hardcastle, Gerri) (Entered: 05/23/2017)

05/25/2017

79 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 5/25/2017. Defendant's Motion for Pretrial Case Management
Conference to Caution Plaintiff, Motion for Instructions to Defendants, and
Motion for a Stay of All Filings ECF No. 78 is GRANTED. The courtroom
administrator shall calendar a hearing on the pending motions listed above ECF
Nos. 55 , 61 , 62 , 63 , 64 and 78 as soon as the court's calendar will
accommodate it. The Attorney General's Office will not have to respond to
Plaintiff's pending motions while the stay is in effect. In the meantime, Plaintiff
is directed to refrain from filing any non-emergency motions.
Plaintiff will be entitled to respond to Defendant's Motion for Pretrial Case
Management Conference to Caution Plaintiff, Motion for Instructions to
Defendants, and Motion for a Stay of All Filings ECF No. 78 , and this court's
order on Plaintiff's motion.
Plaintiff shall also be prepared to address these motions: ECF Nos. 55 , 61 , 62 ,
63 , 64 and 78 at the hearing. IT IS SO ORDERED. (Copies have been
distributed pursuant to the NEF - KW) (Entered: 05/25/2017)

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05/25/2017

80 REPLY to Response to 64 Motion to Strike filed by Defendant C. Rowly.
(Albright, Erin) (Entered: 05/25/2017)

05/26/2017

81 RESPONSE to ECF No. 78 Motion for a Pre Trial Case Management
Conference, filed by Plaintiff Victor Tagle. (KR) (Entered: 05/26/2017)

05/30/2017

82 RESPONSE to ECF No. 79 Minute Order,filed by Plaintiff Victor Tagle. (KW)
(Main Document 82 replaced on 5/30/2017) (KW). Modified on 5/30/2017 to
add missing page sent e-mailed separately after docketing - regenerate NEF
(KW). (Entered: 05/30/2017)

05/30/2017

83 RESPONSE to Illegal Court's Order, filed by Plaintiff Victor Tagle. (KW)
(Entered: 05/30/2017)

05/30/2017

84 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 5/30/2017. By Deputy Clerk: Katie Lynn Ogden.
Pursuant to 79 Minute Order, a motion hearing is hereby scheduled for Monday,
6/19/2017, at 11:00 a.m., in Reno Courtroom 2 before Magistrate Judge William
G. Cobb. The Office of the Attorney General shall arrange for the Plaintiff to be
present by telephone and shall contact the courtroom administrator, Katie Lynn
Ogden, at [phone] or [e-mail], at least two (2)
days prior to the hearing to advise her of the number where Plaintiff may be
reached at the time of the hearing.
The court will address the following motions: ECF NOs. 55 , 61 , 62 , 63 , 64 ,
and 78 . IT IS SO ORDERED.
(no image attached) (Copies have been distributed pursuant to the NEF - KO)
(Entered: 05/30/2017)

06/01/2017

85 NOTICE, by Victor Tagle. (KW) (Entered: 06/01/2017)

06/05/2017

86 RESPONSE to "Modified" Court's Minutes, re ECF No. 79 Order, filed by
Plaintiff Victor Tagle. (Attachments: # 1 Cover Letter) (KR) (Entered:
06/05/2017)

06/05/2017

87 NOTICE - Plaintiff's Complaint Against Law Library Personnel, filed by
Plaintiff Victor Tagle. (KR) (Entered: 06/05/2017)

06/13/2017

88 MOTION - Request for Removal of NDOC's Juridiction..., by Plaintiff Victor
Tagle. Responses due by 6/27/2017. (Attachments: # 1 Part 2)(DRM) (Entered:
06/13/2017)

06/13/2017

89 MOTION - Request for Authorities' Court's intervention..., by Plaintiff Victor
Tagle. Responses due by 6/27/2017. (DRM) (Additional attachment(s) added on
6/13/2017: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5) (DRM). (Entered:
06/13/2017)

06/14/2017

90 MOTION - Request for Authorities and Court's Intervention and Removal from
NDOC's Facilities Due to Life's Safety, and Evidentiary Hearing Before They
Kill Me!, by Plaintiff Victor Tagle. (KR) Modified on 6/14/2017 - same motion

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06/14/2017

91 ORDER denying 88 Plaintiff's Motion for Removal of NDOC Jurisdiction and
89 Plaintiff's Motion for Authorities Court's Intervention and Removal from
NDOC's Facilities Due to Life's Safety. Signed by Magistrate Judge William G.
Cobb on 6/14/2017. (Copies have been distributed pursuant to the NEF - HJ)
(Entered: 06/14/2017)

06/15/2017

92 NOTICE - Clarification to the Courts..., by Victor Tagle. (DRM) (Entered:
06/15/2017)

06/16/2017

93 MOTION - Request for Removal from NDOC's Facilities..., by Plaintiff Victor
Tagle. Responses due by 6/30/2017. (KR) (Entered: 06/16/2017)

06/16/2017

94 RESPONSE to ECF No. 91 Order, filed by Plaintiff Victor Tagle. (Attachments:
# 1 Page 2, # 2 Page 3)(DRM) (Entered: 06/16/2017)

06/19/2017

98 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/19/2017 before
Magistrate Judge William G. Cobb.. Crtrm Administrator: Katie Lynn Ogden;
Pla Counsel: Victor Tagle, Sr., Pro Se (Telephonically); Def Counsel: Gerri
Hardcastle; Recorder: FTR; Recording start and end times: 11:05:01 a.m. 11:50:02 a.m.; Courtroom: 2.
Motion hearing held. IT IS ORDERED that the Plaintiff's 93 motion is
DENIED. IT IS FURTHER ORDERED that Defendant's motions to strike (ECF
Nos. 61 , 62 , and 64 ) are GRANTED. ECF Nos. 43 , 44 , 46 and 47 shall be
stricken from the record. IT IS FURTHER ORDERED that Plaintiff's 55 motion
for an evidentiary hearing is DENIED. IT IS FURTHER ORDERED that the
Defendant is not required to respond to Plaintiff's future filings unless otherwise
directed to do so by the court or the filing is a dispositive motion. The court
instructs the courtroom deputy to send Plaintiff a copy of the current docket
sheet and court order ECF No. 91 .
(Copies have been distributed pursuant to the NEF - KO) (Entered: 06/29/2017)

06/23/2017

95 OBJECTION to Magistrate Judge Order Request for Removal of Racist Court's
Personnel", Opposition to Judge's Decisions based on D.A.G.'s "Pressure", by
Plaintiff Victor Tagle. Responses due by 7/10/2017. (Attachments: # 1 page 2
and 3)(KW) Modified on 7/11/2017 typo correction. (BLG). (Entered:
06/23/2017)

06/26/2017

96 ORDER denying 93 Plaintiff's Motion for Removal from NDOC's Facilities,
Due to the Obvious Danger, Court's and Authorities Intervention, due to D.A.G's
Hardcastle, et al., Harassment, and Professional Misconduct, Sanctions. Signed
by Magistrate Judge William G. Cobb on 6/26/2017. (Copies have been
distributed pursuant to the NEF - HJ) (Entered: 06/26/2017)

06/26/2017

97 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 6/26/2017. Defendant shall have to and including Monday, July 10,
2017, in which to file and serve any response to Plaintiff's objection (ECF No. 95
). (Copies have been distributed pursuant to the NEF - DRM) (Entered:

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06/29/2017

99 TRANSCRIPT of Proceedings, 98 Motion Hearing,,,, held on 6-19-17, before
Magistrate Judge William G. Cobb. Court Reporter/Transcriber: Kathy French,
[e-mail]. Any Redaction Request is due by 7/20/2017. Redacted
Transcript Deadline is set for 7/30/2017. Release of the Transcript Restriction is
set for 9/27/2017. Before release date, the transcript may be viewed at the court
public terminal or purchased through the reporter/transcriber. Transcript Order
form is available on court website. After that date it may be obtained through the
court reporter or PACER. (KF) (Entered: 06/29/2017)

07/07/2017

100 OBJECTIONS re ECF No. 91 Order - Plaintiff's answer to Court's order.
document 91. Plaintiff's Appeal, by Plaintiff Victor Tagle. Responses due by
7/21/2017. (Attachments: # 1 Page 2, # 2 Page 3, # 3 Page 4, # 4 Page 5, # 5
Page 6, # 6 Page 7)(DRM) (Entered: 07/07/2017)

07/10/2017

101 First MOTION to Extend Time regarding dispositive matter (First Request)
Motion for Enlargement of Time to Respond to ECF No. 95 re 95 Objections re
LR IB 3-1 or Motion for District Judge to Reconsider Order, by Defendant C.
Rowly. (Hardcastle, Gerri) (Entered: 07/10/2017)

07/17/2017

102 RESPONSE to 95 Objections re LR IB 3-1 or Motion for District Judge to
Reconsider Order,, filed by Defendant C. Rowly. Rsponse to Plaintiff's Request
for Dismissal of Racist Court's Personnel (ECF No. 95) Replies due by
7/31/2017. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)
(Hardcastle, Gerri) (Entered: 07/17/2017)

07/19/2017

103 First MOTION to Extend Time regarding dispositive matter (First Request)
Defendants' Motion for Enlargement of Time to File Dispositive Motions (First
Request) re 28 Scheduling Order, by Defendant C. Rowly. (Hardcastle, Gerri)
(Entered: 07/19/2017)

07/19/2017

104 REPLY to ECF No. 102 Response to ECF No. 95 Objections, filed by Plaintiff
Victor Tagle. (Attachments: # 1 Page 2, # 2 Pages 3 and 4) (KR) (Entered:
07/20/2017)

07/20/2017

105 ORDER granting 103 Defendant's Motion for Enlargement of Time to File
Dispositive Motions. Defendant shall have to and including August 21, 2017, in
which to file his motion for summary judgment. Plaintiff's opposition shall be
filed on or before September 11, 2017, and Defendant's reply shall be filed on or
before September 25, 2017. Signed by Magistrate Judge William G. Cobb on
7/20/2017. (Copies have been distributed pursuant to the NEF - HJ) (Entered:
07/20/2017)

07/21/2017

106 STRICKEN pursuant to ECF No. 108 ORDER : RESPONSE to ECF No. 103
Motion to Extend Time/Shorten Time regarding Dispositive matter, filed by
Plaintiff Victor Tagle. (Attachments: # 1 Page 2, # 2 Page 3, # 3 Page 4) (KR)
Modified on 7/25/2017 to denote STRICKEN (KW). (Entered: 07/21/2017)

07/25/2017

107 STRICKEN pursuant to ECF No. 108 ORDER : RESPONSE to defendants'
motions, filed by Plaintiff Victor Tagle. (DRM) Modified on 7/25/2017 to denote

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07/25/2017

108 ORDER that ECF Nos. 106 / 107 Response, filed by Victor Tagle are
STRICKEN from the docket. Plaintiff is cautioned that any future filings which
contain any impertinent or scandalous language could lead to the imposition of
sanctions, including the dismissal of Plaintiff's action by the U.S. District Court.
LR IA 11-8(d). Signed by Magistrate Judge William G. Cobb on 07/25/2017.
(Copies have been distributed pursuant to the NEF - KW) (Entered: 07/25/2017)

07/27/2017

109 RESPONSE to ECF No. 105 Order, filed by Plaintiff Victor Tagle. (Attachments:
# 1 Page 2, # 2 Page 3, # 3 Pages 4 & 5)(DRM) (Entered: 07/27/2017)

07/28/2017

110 OBJECTION to Judge Cobb's Order 108 filed by Plaintiff Victor Tagle.
(Attachments: # 1 Page 2, # 2 Pages 3, 4)(DRM). Response due 8/14/17.
(Entered: 07/28/2017)

07/31/2017

111 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William
G. Cobb, on 7/31/2017.
Before the court is Plaintiff's Response and Opposition to Order/Appeal 110 .
The court will interpret Plaintiff's response as an Objection to the court's order of
July 25, 2017 108 , pursuant to LR IB 3-1(a).
Defendant shall have to and including August 14, 2017, in which to file and
serve any response to Plaintiff's Objection 110 .
IT IS SO ORDERED.
(Copies have been distributed pursuant to the NEF - DRM) Modified on
8/1/2017 to add more detail to docket entry (HJ). (Entered: 07/31/2017)

08/01/2017

112 NOTICE of Corrected Image/Document re ECF No. 111 Minute Order (Service
of missing image is attached). (DRM) (Entered: 08/01/2017)

08/10/2017

113 RESPONSE to 110 Objections re LR IB 3-1 or Motion for District Judge to
Reconsider Order, filed by Defendant C. Rowly. Response to "Plaintiff's
Resposne to the 'Honorable,' Paper's Document 108 Opposition to
Order!/Appeal (ECF No. 110) Replies due by 8/17/2017. (Albright, Erin)
(Entered: 08/10/2017)

08/17/2017

114 REPLY to ECF No. 113 Response to ECF No. 110 Objections - Response to
Albright's Excrement, Paper 113, filed by Plaintiff Victor Tagle. (KR) (Entered:
08/17/2017)

08/21/2017

115 First MOTION for Summary Judgment Defendant's Motion for Summary
Judgment by Defendant C. Rowly. Responses due by 9/11/2017. (Attachments: #
1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Hardcastle, Gerri) (Entered:
08/21/2017)

08/21/2017

116 NOTICE Notice of under Seal Submission of Exhibits C-D, Consisting of
Portions of Plaintiff's Medical Records, in Support of Motion for Summary
Judgment by C. Rowly re 115 Motion for Summary Judgment. (Hardcastle,

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08/22/2017

118 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v.
Eikenberry and Rand v. Rowland as to ECF No. 115 Motion for Summary
Judgment. Opposition due 21 days from the date of this Minute Order, and reply
due 14 days after the filing of the opposition. Signed by Judge Miranda M. Du
on 8/22/2017. (Copies have been distributed pursuant to the NEF - DRM)
Modified on 8/22/2017 for syntax (DRM). (Entered: 08/22/2017)

08/22/2017

119 MOTION "Request for Court's Authorities Intervention, Under 42 U.S.C.S. §
1985 Conspiracy", filed by Plaintiff Victor Tagle. Responses due by 9/5/2017.
(Attachments: # 1 Exhibit)(KW) (Entered: 08/22/2017)

08/22/2017

120 ORDER denying 119 Motion to Intervene. Signed by Magistrate Judge William
G. Cobb on 8/22/2017. (Copies have been distributed pursuant to the NEF - HJ)
(Entered: 08/22/2017)

08/24/2017

121 MOTION - Request for Complaint's Copies..., by Plaintiff Victor Tagle.
Responses due by 9/7/2017. (DRM) (Entered: 08/24/2017)

08/24/2017

122 MOTION ...Request for W.Cobb, dismissal..., by Plaintiff Victor Tagle.
Responses due by 9/7/2017. (Image Identical to ECF No. 121 Motion) (DRM)
(Entered: 08/24/2017)

08/28/2017

123 MOTION for disclosure of medical records and opposition thereto, by Plaintiff
Victor Tagle. Responses due by 9/11/2017. (DRM) (Entered: 08/28/2017)

08/28/2017

124 RESPONSE to ECF No. 115 Motion for Summary Judgment, filed by Plaintiff
Victor Tagle. Replies due by 9/11/2017. (DRM) (Entered: 08/28/2017)

08/28/2017

125 ORDER directing Defendant's counsel to respond to ECF Nos. 122 Motion and
121 Motion by 9/11/2017 and Plaintiff shall have until 9/18/2017 to reply to
Defendant's responses; Clerk directed to include a copy of Judge Du's Screening
Order ECF No. 6 when serving this Order upon Plaintiff (e-served to P via LCC
law library on 08/28/2017). Signed by Magistrate Judge William G. Cobb on
08/28/2017. (Attachments: # 1 ECF No. 6 Screening Order)(Copies have been
distributed pursuant to the NEF - KW) (Entered: 08/28/2017)

08/29/2017

126 ORDER DENYING as moot ECF No. 123 Motion for disclosure of medical
records. Signed by Magistrate Judge William G. Cobb on 8/29/2017. (Copies
have been distributed pursuant to the NEF - DRM) (Entered: 08/29/2017)

08/29/2017

127 AFFIDAVIT of Victor Tagle re ECF No. 124 Response to ECF No. 115 Motion
for Summary Judgment, by Plaintiff Victor Tagle. (DRM) (Entered: 08/29/2017)

08/29/2017

128 RESPONSE to ECF No. 118 Klingele Minute Order, filed by Plaintiff Victor
Tagle. (DRM) (Entered: 08/29/2017)

08/29/2017

129 RESPONSE/Answer to ECF No. 120 Order, filed by Plaintiff Victor Tagle.
(DRM) (Entered: 08/29/2017)

08/30/2017

130 RESPONSE/Answer to ECF No. 125 Order, filed by Plaintiff Victor Tagle.
(DRM) (Entered: 08/30/2017)

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08/30/2017

131 NOTICE - Reminder of law violations..., by Victor Tagle. (DRM) (Entered:
08/30/2017)

08/30/2017

132 MOTION for intervention of Court's authorities and removal from NDOC's
facilities under..., filed by Plaintiff Victor Tagle. (KW) (Entered: 08/30/2017)

08/31/2017

133 ORDER denying 132 Motion for Invention of Court's Authorities and Removal
from NDOC Facilities. Signed by Magistrate Judge William G. Cobb on
8/31/2017. (Copies have been distributed pursuant to the NEF - HJ) (Entered:
08/31/2017)

08/31/2017

134 AFFIDAVIT in support, by Plaintiff Victor Tagle. (DRM) (Entered: 08/31/2017)

09/01/2017

135 MOTION to issue of updated docket sheet, copy of complaint, which was taken
by Harlow, on 06/17/2017 and 08/10/2017..., filed by Plaintiff Victor Tagle.
Responses due by 9/15/2017. (KW) (Entered: 09/01/2017)

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