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Case • 2007
) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 108986 Motion number(s): Cross-motion number(s): Judge: NICHOLAS V. MIDEY JR. Claimant?s attorney: GARY E. DIVIS, ESQ ...
Case • 2009
-party claimant(s): Third-party defendant(s): Claim number(s): 108986 Motion number(s): Cross-motion number(s): Judge: NICHOLAS V. MIDEY JR. Claimant?s attorney: GARY E. DIVIS, ESQ. Defendant ...
Case • 2004
. Longmont United Hosp. Ass'n, 14 F.3d 526, 528 (10th Cir. 1994) (noting that "[w]e review a summary judgment fully and may affirm on grounds other than those relied on by the district court when the record ...
Case • 2005
. James E Warme. [7] Counsel OF Record: [8] Counsel for Appellant(s) John A. Hays Attorney at Law 1402 Broadway St Longview, WA 98632-3714 [9] Counsel for Respondent(s) Michelle L ...
Case • 2001
. -------------------------------------------------------------------------------- Opinion Footnotes -------------------------------------------------------------------------------- [26] *fn1 The Honorable Ronald E. Longstaff, Chief Judge, United States District Court ...
Case • 2001
. Civ. P. 56(e). If the non-moving party fails to show a genuine issue of fact, summary judgment, if appropriate, may be entered against the non-moving party. [16] II. [17] Unless otherwise ...
Case • 2001
, the non-moving party must respond by affidavits or otherwise and present specific facts showing that there is a genuine issue of disputed fact for trial. Fed.R.Civ.P. 56(e). If the non-moving party fails ...
Case • 2001
. Rule 43 (a,d,e) Taking of Testimony (Doc. 40). In light of the court's ruling with respect to document 21, both of these motions are denied as moot. I. FACTUAL BACKGROUND The following facts ...
Case • 2000
Judge Whipple to his invective comments. [26] Judge Whipple, the district judge, denied the Rule 59(e) motion in a brief order. Lindstedt brought this appeal. Initially, we affirmed but later ...
Case • 2001
or avoid the suicide of Inmate Vlachos; (d) . . . [Defendant] was culpable for the death of Inmate Jon Peter Vlachos; (e) . . . the manner in which [Defendant] incarcerated Inmate Jon Peter Vlachos ...
Case • 2002
was delivered by: Robert E. Jones, District Judge. [9] OPINION AND ORDER [10] Plaintiff Alfred Thomason, a former inmate at the Oregon State Correctional Institution ("OSCI") who currently ...
Case • 2002
' indifference to brutal behavior by guards toward inmates [is] sufficient to state an [E]ighth [A]mendment claim."). Of course, for a supervisor to be liable under Section 1983, there must have been an underlying ...
Case • 2001
the scheduling order the court had entered on January 4, 1999, but the district court granted both the motion to amend and the motion to dismiss. Finally, Larkin filed a Rule 59(e) motion to amend the judgment ...
Case • 2007
the offense expires." Id. at 875-76. The Supreme Court in Bailey unequivocally defined escape as a continuing offense: [19] [W]e think it clear beyond peradventure that escape from federal custody ...
Case • 2008
, the NJSFA provides no private right of action to plaintiffs aggrieved by a violation of its terms. N.J. STAT. ANN. § 26:3D-62(e) ("[T]here shall be no private right of action against a party for failure ...
Case • 1983
order was McClindon's ex-offender status. The three incidents, however, provided further support for his decision. FOOTNOTES 3 McClindon was apparently excluded under Section I(E) of the Administrative ...
Case • 2003
official capacity; FERNANDO LEON, Doctor, in his individual and former official capacity; ROBERT E. WILDMAN, in his individual and former official capacity; JOHN RANDOLPH TOTTER, in his individual and former ...
Case • 2008
U.S.C. § 1997e(c); 28 U.S.C. §§ 1915(e)(2), 1915A. Plaintiff's action is subject to screening regardless whether he prepays the entire filing fee or proceeds as a pauper. Ruiz v. United States, 160 F.3d ...
Case • 2008
. JOHNSON, BARBARA A. MADSEN, RICHARD B. SANDERS, TOM CHAMBERS, MARY E. FAIRHURST, JAMES M. JOHNSON and DEBRA L. STEPHENS, JJ. ...
Case • 2001
in inadmissible hearsay. See Fed R. Civ. P. 56(e); Cronquist v. City of Minneapolis, 237 F.3d 920, 927 (8th Cir. 2001) (holding that affidavits based on hearsay cannot defeat a summary-judgment motion). [24 ...
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