Case: Whitmire v. State of Arizona

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT FILED (MAP) (Entered: 04/20/1998)

STANDARD CIVIL TRACK INITIAL ORDER by Judge Roger G. Strand (cc: all counsel) re: order [2-1] (MAP) (Entered: 04/24/1998)

NOTICE by plas (all) of Service (MAP) (Entered: 08/11/1998)

ORDER by Judge Roger G. Strand denying pla's mtn req ord to show cause (not rcvd in docketing); plas shall file and serve on opposing cnsl within 15 days from filing of this ord a stmt of good cause why this action should not be dism for failure to effect svc on dfts within time provided by FRCivP; failure to show good cause why this action should not be dism for lack of svc within time provided shall result in disml of this action w/o further ntc to pla; possbl dsm ddl set for 9/24/98 (cc: all counsel) (former emp) (Entered: 09/09/1998)

MOTION to withdraw Order to Show Cause by pla Karl Whitmire [5-1] (MAP) (Entered: 09/18/1998)

ORDER by Judge Roger G. Strand granting motion to withdraw Order to Show Cause by pla Karl Whitmire [5-1] Order to Show Cause withdrawn (cc: all counsel) (MAP) (Entered: 09/23/1998)

MOTION for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] (MAP) (Entered: 09/29/1998)

NOTICE to the Court re Pla's status and MOTION (REQUEST) for assignment on the Prisoner Pro Se Track by dfts (all) [8-1] , for the Court to "screen" complaint to identify cognizable claims by dfts (all) [8-2] , to stay proceedings until further "screening" of the complaint can be done by dfts (all) [8-3] (MAP) (Entered: 10/08/1998)

RESPONSE by dfts (all) to motion for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] (MAP) (Entered: 10/08/1998)

MOTION for order to control mailings to support safety by pla Karl Whitmire [11-1] (former emp) (Entered: 10/16/1998)

RESPONSE by pla Karl Whitmire to motion for assignment on the Prisoner Pro Se Track by dfts (all) [8-1] (former emp) (Entered: 10/16/1998)

RESPONSE by pla Karl Whitmire to dfts resp to motion for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] [7-1] (former emp) (Entered: 10/16/1998)

ORDER by Judge Roger G. Strand denying motion for default judgment against Arizona, State of, ADOC by Karl Whitmire, William Lyster [7-1] (cc: all counsel) (KMG) (Entered: 10/15/1998)

ORDER by Judge Roger G. Strand vacating Court's 4/23/98 Standard Civil Track Order [2-1] FURTHER ORDERED granting motion for assignment on the Prisoner Pro Se Track by dfts (all) [8-1], granting motion for the Court to "screen" complaint to identify cognizable claims by dfts (all) [8-2], granting motion to stay proceedings until further "screening" of the complaint can be done by dfts (all) [8-3] FURTHER ORDERED there being no basis in law or fact, denying Plas' motion for default judgment raised in their response to Dfts' motion for assignment to Prisoner Pro Se Track [12-1] (cc: all counsel) (MAP) (Entered: 10/30/1998)

RESPONSE by plas (all) to Court's Order vacating Civil Track Order of 4/23/98 [14-1] (MAP) (Entered: 11/10/1998)

MOTION for removal of Pla Lyster as party to this action by plas (all) [15-1] , for reconsideration of Court's Order vacating Court's Civil Track Order of 4/23/98 by plas (all) [15-2] (MAP) (Entered: 11/10/1998)

ORDER by Judge Roger G. Strand denying motion for removal of Pla Lyster as party to this action by plas (all) [15-1], denying motion for reconsideration of Court's Order vacating Court's Civil Track Order of 4/23/98 by plas (all) [15-2] (cc: all counsel) (KMG) (Entered: 12/31/1998)

ATTORNEY SUBSTITUTION: terminating attorney Lorrie Lynne Luellig for AZ Corrections Dept and Arizona, State of and substituting attorney William Charles Wilder (MAP) (Entered: 02/19/1999)

ORDER by Judge Roger G. Strand denying motion for order to control mailings to support safety by pla Karl Whitmire [11-1] (cc: all counsel) (MAP) (Entered: 04/20/1999)

ORDER by Judge Roger G. Strand that Plas' response to Order, Request (17) is treated as a Notice of Voluntary Dismissal of Pla Lyster pursuant to Rule 41(a)(1) of Fed.R.Civ.P., dismissing w/out prejudice Pla William Lyster FURTHER ORDERED denying Pla Lyster's request for a copy of the Federal Rules (17) as moot FURTHER ORDERED granting Pla Whitmire's request for assignment of this action to the Standard Civil Track (17) pursuant to Local Rule 2.12(b)(4) FURTHER ORDERED vacating the stay of proceedings previously granted on 10/30/98 FURTHER ORDERED that Dfts shall have 20 days from the date this Order is filed w/in which to answer the complaint or otherwise respond by appropriate motion (cc: all counsel) (MAP) (Entered: 10/20/1999)

MOTION to dismiss complaint for failure to state a claim by dfts (all) [21-1] (MAP) (Entered: 11/11/1999)

RESPONSE by pla Karl Whitmire to motion to dismiss complaint for failure to state a claim by dfts (all) [21-1] (MAP) (Entered: 11/29/1999)

MOTION for enlarged amount of time for Rule 18.(a) by pla Karl Whitmire [23-1] (former emp) (Entered: 12/01/1999)

REPLY by dfts (all) to response to motion to dismiss complaint for failure to state a claim by dfts (all) [21-1] (MAP) (Entered: 12/07/1999)

RESPONSE by dfts (all) to motion for enlarged amount of time for Rule 18.(a) by pla Karl Whitmire [23-1] (MAP) (Entered: 12/07/1999)

REPLY by pla to response to motion for enlarged amount of time for Rule 18.(a) by pla Karl Whitmire [23-1] (former emp) (Entered: 12/22/1999)

REQUEST by pla Karl Whitmire for production of documents (former emp) (Entered: 12/27/1999)

MOTION to strike dfts reply to plas response to dfts motion to dismiss by pla Karl Whitmire [28-1] (former emp) (Entered: 12/22/1999)

MOTION for leave to introduce into the recored supportive content (attached) by pla Karl Whitmire [29-1] (former emp) (Entered: 12/30/1999)

(OBJECTION) RESPONSE by dft Arizona, State of, dft AZ Corrections Dept to motion for leave to introduce into the recored supportive content (attached) by pla Karl Whitmire [29-1] (former emp) Modified on 01/05/2000 (Entered: 01/05/2000)

MOTION to strike plas request for productions by dft Arizona, State of, dft AZ Corrections Dept [31-1] (former emp) (Entered: 01/05/2000)

RESPONSE by dft Arizona, State of, dft AZ Corrections Dept to motion to strike dfts reply to plas response to dfts motion to dismiss by pla Karl Whitmire [28-1] (former emp) (Entered: 01/05/2000)

ORDER by Judge Roger G. Strand striking request [27-1] pursuant to Rule 1.2(a)(2). Clk to strike the instrument from the record, and reject any responses, with notice to counsel. (cc: all counsel) (MAP) (Entered: 01/11/2000)

REPLY by pla Karl Whitmire to response to motion for leave to introduce into the recored supportive content (attached) by pla Karl Whitmire [29-1] (MAP) (Entered: 01/20/2000)

ORDER by Judge Roger G. Strand granting motion to dismiss complaint for failure to state a claim by dfts (all) [21-1] FURTHER ORDERED denying all remaining pending motions as moot (cc: all counsel) (MAP) (Entered: 08/30/2000)

JUDGMENT: that this Cout having granting Dfts' motion to dismiss, Pla take nothing (cc: all counsel) re: judgment [36-1] (MAP) (Entered: 08/30/2000)

ATTORNEY SUBSTITUTION: terminating attorney William Charles Wilder for Dfts (all) and substituting attorney James Russel Morrow (MAP) (Entered: 09/05/2000)

NOTICE OF APPEAL by pla Karl Whitmire from District Court judgment [36-1], and order [35-1] (cc: 9CCA/All Counsel/RGS) (REW) Modified on 06/27/2001 (Entered: 10/04/2000)

Received $105.00 appeal fee (REW) (Entered: 10/04/2000)

Certificate of Record Transmitted to 9CCA [38-1] (REW) (Entered: 10/04/2000)

Notification by 9CCA of Appellate Docket Number 00-16896 (REW) (Entered: 10/24/2000)

Copy of 9CCA Order; appellant's late motion for extension of time to file opening brief granted; briefing schedule reset, re: 00-16896 [38-1] (cc: RGS) (REW) (Entered: 12/19/2000)

Copy of 9CCA Order; court in receipt of appellees' motion for extension of time to file answering brief until court files an acceptable opening brief from appellant; if he has not already done so, within 14 days appellant shall file a corrected opening brief and excerpts of record or an informal form brief; upon receipt of a corrected opening brief and excerpts of record or the informal form brief, court will reset the due date for the answering brief, re: 00-16896 [38-1] (cc: RGS) (REW) (Entered: 01/30/2001)

CERTIFIED COPY of 9CCA Mandate dismissing the appeal for failure to file a corrected opening brief pursuant to the 1/24/01 order, or otherwise comply with rules requiring processing appeal to hearing, re: 00-16896 (cc: all counsel/RGS) (REW) (Entered: 03/09/2001)

Clerk's record on appeal transmitted to 9th Circuit re [38-1]; 1 volume clerk's record (REW) (Entered: 06/27/2001)

Certified Copy of 9th Circuit Order of 4/27/01; appellant's request for court to reconsider the actions of the clerk is construed as a motion to reinstate the appeal and granted, re: 00-16896 [38-1] (cc: judge/cnsl) (REW) (Entered: 07/26/2001)

Original Record Returned from 9th Circuit re [38-1] 1 volume original file; (REW) (Entered: 09/13/2002)

CERTIFIED COPY of 9th Circuit Mandate reversing and remanding the decision of the District Court; the district court erred in holding, on a 12 (b)(6) motion, that a common-sense connection exists between the ADOC visitation policy and the penological interest of correctional safety; the judgment is reversed and the case is remanded to the distrct court for further proceedings (we emphasize that we are ruling on a 12(b) (6) dismissal on the pleadings; we intimate no view on the merits after the development of an appropriate record), re: 00-16896 Appeal [38-1] Case reopened [43-1] [43-1] (cc: all counsel/judge) (REW) (Entered: 09/19/2002)

MINUTE ORDER: IT IS ORDERED setting a ; status hearing regarding a remand on Thursday, December 19, 2002 at 10:30 a.m. , before Judge Roger G. Strand, Courtroom 602, 6th floor. (cc: all counsel/RGS) [44-3] (LCF) (Entered: 12/03/2002)

NOTICE OF ATTORNEY SUBSTITUTION: terminating attorney James Russel Morrow for Arizona, State of and substituting attorney Susanna Carballo Pineda (former emp) (Entered: 12/17/2002)

ATTORNEY APPEARANCE for pla Karl Whitmire by Pamela Kirkpatrick Sutherland (former emp) (Entered: 12/18/2002)

MOTION to continue status conference by pla Karl Whitmire [47-1] (former emp) (Entered: 12/19/2002)

ORDER by Judge Roger G. Strand granting motion to continue status conference by pla Karl Whitmire [47-1] ; status conference hearing reset for 11:00 1/22/03 (cc: all counsel) (DMT) (Entered: 12/19/2002)

MINUTE ENTRY before Judge Roger G. Strand . Crt Rptr: Vicki Reger. Present: Pamela Sutherland, Robert Mintz for Pla. Susanna Pineda for Dfts. Status hearing held. Status hearing reset for 11:30 2/13/03. [cc: RGS/CD] [49-3] (LCF) (Entered: 01/22/2003)

MOTION to dismiss case by dft Arizona, State of, dft AZ Corrections Dept, dft Charles L Ryan, dft George Herman [51-1] (DMT) (Entered: 01/27/2003)

MINUTE ENTRY before Judge Roger G. Strand . Crt Rptr: Merilyn Sanchez. By telephone: Pamela Sutherland for pla; SUsanna Pineda for dft. Status hearing held. Pla proposes a stipulated agreement as to dft's visitation policies. Dft intends to file a supplemental motion to dismiss. ORDERED motion to be filed by 2/27/03; response to be in accordance with the rules. [52] (former emp) (Entered: 02/13/2003)

MOTION to dismiss case as moot by dft Ryan and Herman [53-1] (DMT) (Entered: 02/26/2003)

RESPONSE by pla to motion to dismiss case by dft Arizona, State of, dft AZ Corrections Dept, dft Charles L Ryan, dft George Herman [51-1], motion to dismiss case as moot by dft Ryan and Herman [53-1] (DMT) (Entered: 03/24/2003)

REPLY by dft Charles L Ryan, dft George Herman to response to motion to dismiss case as moot by dft Ryan and Herman [53-1] (DMT) (Entered: 03/26/2003)

NOTICE by pla Karl Whitmire of failure of the AZ Department of Corrections to change policy regarding same-sex couples kissing and hugging (former emp) (Entered: 04/14/2003)

ATTORNEY APPEARANCE for pla Karl Whitmire by Daniel Joseph Pochoda (DMT) (Entered: 05/09/2003)

ORDER by Judge Roger G. Strand denying motion to dismiss case by dft Arizona, State of, dft AZ Corrections Dept, dft Charles L Ryan, dft George Herman [51-1], denying motion to dismiss case as moot by dft Ryan and Herman [53-1] ; status conference hearing set for 10:30 7/9/03 (cc: all counsel) (DMT) (Entered: 06/05/2003)

ANSWER to complaint (amended) [50-1] by dft Charles L Ryan, dft George Herman (DMT) (Entered: 06/25/2003)

MINUTE ENTRY before Judge Roger G. Strand. Crt Rptr: Linda Schroeder-Willis. Appearances: Daniel Pochoda for plaintiff; Susanna Pineda for defendants. Status hearing is held. Counsel have submitted a stipulation to dismiss, which is not in proper form. Counsel for defendant will submit the proper stipulation with separate judgment this date. [cc: RGS] [60-2] (KCB) (Entered: 07/09/2003)

STIPULATION for entry of judgment by pla Karl Whitmire, dft Charles L Ryan, dft George Herman (DMT) (Entered: 07/14/2003)

JUDGMENT entered by Judge Roger G. Strand : that dfts shall implement and maintain visitation policies that do not differentiate on basis of sex or sexual orientation of the prisoner or visitor. A Visitor of the same sex as the prisoner visited will be allowed to engage in the kissing and hugging permitted a visitor of the opposite sex and a member of the prisoner's family as defined by ADOC policy. Dfts shall not implement or enforce any visitation policy that is inconsistent with the requirements of paragraph 1 above. No less than 30 days after the entry of this jgm, dfts shall cause the attached notice to be posted in all ADOC visitation areas, to remain posted for no less than 60 days. Within 45 days from this date, pla shall file their application for attorneys' fees and costs. Dfts shall have 30 days thereafter to respond, and pla 15 days thereafter to reply. Court shall have the power to enforce this order upon appropriate motion.terminating case (cc: all counsel, jgm draw) (DMT) (Entered: 07/14/2003)

MOTION for attorney's fees by pla [63-1] (DMT) (Entered: 08/08/2003)

NOTICE of motion and MOTION for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 08/29/2003)

MEMORANDUM IN SUPPORT by pla of motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 08/29/2003)

DECLARATION of Douglas E Mirrell re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

DECLARATION of Martha A Matthews re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

DECLARATION of Courtney G Joslin re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

DECLARATION of Anne-Marie Dinius re motion for attorney's fees for pla's appeal by pla [64-1] by pla (DMT) (Entered: 08/29/2003)

NOTICE of SETTLEMENT by pla, dfts and OF WITHDRAWAL by pla of motion for attorney's fees by pla [63-1] (DMT) (Entered: 09/08/2003)

ORDER by Judge Roger G. Strand directing dfts to file response to motion for attorney's fees for pla's appeal by pla [64-1] within 14 days of the date of the filing of this order. Permitting pla to file reply within 5 days of service of dfts' response(cc: all counsel) (DMT) (Entered: 11/21/2003)

RESPONSE by dft Charles L Ryan, dft George Herman to motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 12/04/2003)

REPLY by pla Karl Whitmire to response to motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 12/17/2003)

NOTICE OF SETTLEMENT as to motion for attorneys fees for pla's appeal and WITHDRAWAL by pla of motion for attorney's fees for pla's appeal by pla [64-1] (DMT) (Entered: 01/02/2004)