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Case TitleZaldivar #166954 v. United States Department of Veterans Affairs et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2014cv01493
Date Filed2014-07-01
Date Closed2016-08-22
JudgeJudge David G Campbell
PlaintiffJose Adalberto Zaldivar, Sr. also named as: Jose Zaldivar
DefendantUnited States Department of Veterans Affairs Veterans Affairs Regional Office - Phoenix
DefendantParty named as: Department of Veterans Affairs/ Office of General Counsel - Chief Legal Officer of the Dept. of VA
DefendantUnited States Department of Veterans Affairs Office of the Inspector General
TERMINATED: 10/27/2015
DefendantPima, County of
TERMINATED: 12/24/2014
Documents
Docket
Complaint
Complaint attachment 34
Complaint attachment 37
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-07-011***STRICKEN as to portions outlined in Order at (Doc. 37 ) ***DISMISSED as to claims re: FOIA requests submitted on 10/20/02, 4/13/05 and 7/10/07 per Order at (Doc. 34 )-- PRISONER CIVIL RIGHTS COMPLAINT filed by Jose Adalberto Zaldivar, Sr. (21 pages)(REK) Modified on 10/27/2015 (ATD). Modified on 12/3/2015 (ATD). (Entered: 07/02/2014)
2014-07-012APPLICATION for Leave to Proceed In Forma Pauperis by Jose Adalberto Zaldivar, Sr. (2 pages) (REK) (Entered: 07/02/2014)
2014-07-013Prisoner Trust Fund Account Statement by Jose Adalberto Zaldivar, Sr. (7 pages) (REK) (Entered: 07/02/2014)
2014-07-014MOTION to Appoint Counsel by Jose Adalberto Zaldivar, Sr. (24 pages) (REK) (Entered: 07/02/2014)
2014-07-015NOTICE OF ASSIGNMENT: (REK) (Entered: 07/02/2014)
2014-07-016NOTICE: This case is subject to General Order 14-08. Please review the attached documents. (Attachments: # 1 Exhibit)(REK) (Entered: 07/02/2014)
2014-07-017NOTICE of Fed.R.Civ.P. 5.2 provided to Jose Adalberto Zaldivar, Sr. (REK) (Entered: 07/02/2014)
2014-11-218MOTION for Clarification and Status of the Case by Jose Adalberto Zaldivar, Sr. (2 pages) (KMG) (Entered: 11/21/2014)
2014-12-249ORDER (Service Packet) Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $35.83. The Motion to Appoint Counsel (Doc. 4 .) is denied without prejudice. The Motion for Clarification and Status of the Case (Doc. 8 ) is granted insofar as this Order informs Plaintiff of the status of this case. Count Three is dismissed. Defendant Pima County is dismissed. Defendants Veterans Affairs Regional Office-Phoenix, Veterans Affairs Office of General Counsel, and Veterans Affairs Office of the Inspector General must answer Counts One and Two of the Complaint. The Clerk of Court must send Plaintiff a service packet including the Complaint (Doc. 1 ), this Order, and summons forms for Defendants Veterans Affairs Regional Office-Phoenix, Veterans Affairs Office of General Counsel, Veterans Affairs Office of the Inspector General, and the United States of America. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. This matter is referred to Magistrate Judge Mark E. Aspey pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. § 636(b)(1). Signed by Judge David G Campbell on 12/24/2014. (KMG) (Entered: 12/24/2014)
2014-12-2410Additional Attachments (SERVICE PACKETS) to Main Document re: 9 Order (Service Packet), Add and Terminate Judges, Terminate Motions, Add and Terminate Parties by Plaintiff Jose Adalberto Zaldivar, Sr. (Attachments: # 1 Sample form and 1st Defendant packet, # 2 2nd Defendant packet, # 3 3rd Defendant packet, # 4 4th Defendant packet, # 5 5th Defendant packet, # 6 Rule 4 Summons information, # 7 Rule 4(i) Serving USA)(KMG) (Entered: 12/24/2014)
2014-12-2411ORDER Directing Monthly Payments be made from Prison Account of Jose Adalberto Zaldivar, Sr. Signed by Judge David G Campbell on 12/24/2014. (KMG) (Entered: 12/24/2014)
2015-02-2612SERVICE EXECUTED : USMS Process Receipt and Return re: Summons, Complaint, Order upon United States Attorney District of Arizona on 2/24/2015. (KMG) (Entered: 02/26/2015)
2015-02-2613SERVICE EXECUTED : USMS Process Receipt and Return re: Summons, Complaint, Order upon Department of Veterans Affairs Regional Office - Phoenix on 2/24/2015. (KMG) (Entered: 02/26/2015)
2015-03-0414MOTION for Extension of Time "to Execute Summons Service by the U.S. District Marshals Service" by Jose Adalberto Zaldivar, Sr. (2 pages). (LSP) (Entered: 03/04/2015)
2015-03-0515ORDER that Plaintiff's motion at Doc. 14 is denied without prejudice. Signed by Magistrate Judge Mark E Aspey on 3/5/2015.(KMG) (Entered: 03/05/2015)
2015-03-1216SERVICE EXECUTED : USMS Process Receipt and Return re: Summons, Complaint and Order upon Department of Veterans Affairs Office of General Counsel on 3/2/2015. (KMG) (Entered: 03/13/2015)
2015-03-1217SERVICE EXECUTED : USMS Process Receipt and Return re: Summons, Complaint and Order upon Department of Veterans Affairs Office of the Inspector General on 3/2/2015. (KMG) (Entered: 03/13/2015)
2015-03-1218SERVICE EXECUTED : USMS Process Receipt and Return re: Summons, Complaint and Order upon United States Attorney General on 3/2/2015. (KMG) (Entered: 03/13/2015)
2015-03-1619OBJECTION to Order 9 and MOTION for Clarification by Jose Adalberto Zaldivar, Sr. (3 pages) (KMG) (Entered: 03/16/2015)
2015-03-2320MOTION to Dismiss for Lack of Jurisdiction by United States Department of Veterans Affairs(Office of the Inspector General). (Attachments: # 1 Declaration)(Smart, Adam) (Entered: 03/23/2015)
2015-03-2321MOTION to Dismiss for Failure to State a Claim (Partial) , MOTION to Strike 1 Complaint (Partial) by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Smart, Adam) (Entered: 03/23/2015)
2015-03-2422ORDER that, to the extent the motion at Doc. 21 seeks to strike [21-2] portions of Plaintiff's complaint at this time, the motion is denied without prejudice. Defendant may and should seek such relief by means of a distinct pleading. IT IS ORDERED that Plaintiff shall have thirty (30) days from the date this order is filed to file a response to each of Defendants' motions to dismiss. FURTHER ORDERED that Defendants shall file any reply within fifteen (15) days from the date Plaintiff's response to their motion is filed. IT IS FURTHER ORDERED that the motions to dismiss shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court.. Signed by Magistrate Judge Mark E Aspey on 3/24/2015.(KMG) (Entered: 03/24/2015)
2015-03-2523ORDER denying 19 Plaintiff's Motion except as relief has been granted by way of this explanation. Signed by Magistrate Judge Mark E Aspey on 3/24/15.(LSP) (Entered: 03/25/2015)
2015-04-2324RESPONSE in Opposition re: 20 MOTION to Dismiss for Lack of Jurisdiction filed by Jose Adalberto Zaldivar, Sr. (13 pages) (KMG) (Entered: 04/24/2015)
2015-04-2325DECLARATION of Jose Adalberto Zaldivar, Sr by Plaintiff Jose Adalberto Zaldivar, Sr. (23 pages) (KMG) (Entered: 04/24/2015)
2015-04-2326AFFIDAVIT of Jose Adalberto Zaldivar, Sr by Plaintiff Jose Adalberto Zaldivar, Sr. (3 pages)(KMG) (Entered: 04/24/2015)
2015-04-2827RESPONSE to Motion re: 21 MOTION to Dismiss for Failure to State a Claim (Partial) MOTION to Strike 1 Complaint (Partial) filed by Jose Adalberto Zaldivar, Sr. (4 pages) (KMG) (Entered: 04/28/2015)
2015-04-3028MOTION of Confirmation of Plaintiff's Response re: 27 Response to Motion, 26 Affidavit, 25 Declaration, 24 Response in Opposition to Motion by Jose Adalberto Zaldivar, Sr. (5 pages) (KMG) (Entered: 04/30/2015)
2015-05-0729REPLY to Response to Motion re: 20 MOTION to Dismiss for Lack of Jurisdiction filed by United States Department of Veterans Affairs(Office of the Inspector General). (Attachments: # 1 Exhibit A)(Smart, Adam) (Entered: 05/07/2015)
2015-05-0830MINUTE ORDER: The referral judge in this case is reassigned to Magistrate Judge Deborah M Fine. All future filings shall reflect the following case number: CV-14-01493-DGC-DMF. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 05/08/2015)
2015-05-1131REPLY to Response to Motion re: 21 MOTION to Dismiss for Failure to State a Claim (Partial) MOTION to Strike 1 Complaint (Partial) filed by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Smart, Adam) (Entered: 05/11/2015)
2015-05-1432ORDER granting 28 Plaintiff's Motion, Plaintiff's pro se response (Doc. 27 ) to Defendants' motion to dismiss at (Doc. 21 ), which response was placed in the prison mail on April 23, 2015, is deemed timely filed. Signed by Magistrate Judge Deborah M Fine on 5/14/15.(LSP) (Entered: 05/14/2015)
2015-09-1833NOTICE from the Court: Updated E-Filing Instructions are attached. Please review them. (TCA) (Entered: 09/18/2015)
2015-10-2734ORDER - Defendant OIG's 20 Motion to Dismiss is granted and OIG isdismissed from this action. Defendants VARO and OGC's 21 Partial Motion to Dismiss is granted. Plaintiff's claims regarding the FOIA requests he submitted on October 20, 2002, April 13, 2005 and July 10, 2007 are dismissed. The remaining claims in this action are against VARO and OGC relating to Plaintiff's April 26, 2012 FOIA request in Count One and Plaintiff's May 20, 2013 FOIA request in Count Two. Signed by Judge David G Campbell on 10/27/15. (ATD) (Entered: 10/27/2015)
2015-11-0235MOTION to Appoint Counsel by Jose Adalberto Zaldivar, Sr. (4 pages) (KMG) (Entered: 11/03/2015)
2015-11-0936MOTION to Strike All Impertinent Allegations in the Complaint by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Attachments: # 1 Text of Proposed Order)(Smart, Adam) (Entered: 11/09/2015)
2015-12-0337ORDER - Plaintiff's 35 Motion for Appointment of Counsel is denied. The 36 Motion to Strike by Defendants Department of Veterans Affairs Regional Office-Phoenix and Office of General Counsel is granted. The following portions of Plaintiff's 1 Complaint are stricken: A. All paragraphs from Count One under the "Supporting Facts" statement except the following paragraphs: (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), and (26). B. All paragraphs from Count One under the "Injury" statement (and to the extent they are incorporated into the "Injury" section of Count Two, in that Count as well) except the following paragraphs: (1), (2), (3), (4), (5), (6), (7), (17), (18), and (19). C. All of the paragraphs in Count Three. IT IS FURTHER ORDERED that VARO and OGC are only required to respond to paragraphs (14) - (26) in Count One under the "Supporting Facts" statement, paragraphs (1) through (7), (17), (18), and (19) in Count One under the "Injury" statement, paragraphs (1) and (2) in Count Two under the "Supporting Facts" statement, and paragraphs (1) - (7), (17), (18), and (19) in Count One under the "Injury" statement, as incorporated into the "Injury" statement in Count Two. (See Order for full details.) Signed by Magistrate Judge Deborah M Fine on 12/02/2015. (ATD) (Entered: 12/03/2015)
2015-12-1038ANSWER to 1 Complaint by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix).(Smart, Adam) (Entered: 12/10/2015)
2015-12-1039MOTION To Set Briefing Schedule by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Attachments: # 1 Text of Proposed Order)(Smart, Adam) (Entered: 12/10/2015)
2015-12-2340MOTION to Stay re: 37 Order on Motion to Appoint Counsel, Order on Motion to Strike, 34 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Jose Adalberto Zaldivar, Sr. (ATD) (2 pages) (Entered: 12/24/2015)
2015-12-2341RESPONSE in Opposition re: 39 MOTION To Set Briefing Schedule filed by Jose Adalberto Zaldivar, Sr. (ATD) (3 pages) (Entered: 12/24/2015)
2015-12-2342NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 37 Order on Motion to Appoint Counsel, Order on Motion to Strike, 34 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim by Jose Adalberto Zaldivar, Sr. (ATD) (2 pages) (Entered: 12/24/2015)
2015-12-28APPEAL REMARK - The Motion, Affidavit and Inmate Account Statement received electronically on 12/28/2015 has been accepted by the Ninth Circuit for filing. Prisoner is reminded that documents for the Ninth Circuit should be sent directly to them in paper form and not submitted electronically to the District Court re: 9CCA #15-17537 - 42 Notice of Interlocutory Appeal. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KMG) (Entered: 12/29/2015)
2015-12-2943USCA Case Number re: 42 Notice of Interlocutory Appeal. Case number 15-17537, Ninth Circuit. (LAD) (Distributed by the Ninth Circuit) (Entered: 12/29/2015)
2015-12-3044NOTICE Plaintiff's Certificate as to Record on Appeal re No Transcripts by Jose Adalberto Zaldivar, Sr re: 42 Notice of Interlocutory Appeal. (2 pages) (KMG) (Entered: 12/30/2015)
2016-01-0445REPLY to Response to Motion re: 39 MOTION To Set Briefing Schedule , RESPONSE to Motion re: 40 MOTION to Stay re: 37 Order on Motion to Appoint Counsel, Order on Motion to Strike, 34 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim filed by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Smart, Adam) (Entered: 01/04/2016)
2016-01-1446ORDER - IT IS THEREFORE ORDERED that Plaintiff's Motion for Stay (Doc. 40 ) is denied. IT IS FURTHER ORDERED that Defendants' Motion to Set Briefing Schedule and to Stay Discovery (Doc. 39 ) is granted. IT IS FURTHER ORDERED that the deadline for filing dispositive motions shall be February 12, 2016. IT IS FURTHER ORDERED that absent further order to the contrary, discovery shall not commence until after the Court rules on any dispositive motions. Signed by Magistrate Judge Deborah M Fine on 1/14/16. (LAD) (Entered: 01/14/2016)
2016-02-0847MOTION for Court to Order Defendants to Require Detailed Indexing, Justification and Itemization by Jose Adalberto Zaldivar, Sr. (ATD) (3 pages) (Entered: 02/09/2016)
2016-02-1248MOTION for Leave to Amend/Supplement 1 Complaint by Jose Adalberto Zaldivar, Sr. (10 pages) (KMG) (Entered: 02/12/2016)
2016-02-1249MOTION for Summary Judgment by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Smart, Adam) (Entered: 02/12/2016)
2016-02-1650EX PARTE MOTION for Leave to File Separate Statement of Facts and Supporting Documents by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Attachments: # 1 Text of Proposed Order)(Smart, Adam) (Entered: 02/16/2016)
2016-02-1651***FILED at (Doc. 54 )-- LODGED Proposed Separate Statement of Facts and Supporting Documents re: 50 MOTION for Leave to File Separate Statement of Facts and Supporting Documents . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Attachments: # 1 Index of Exhibits, # 2 Exhibits A-J, # 3 Declaration, # 4 Vaughn Index)(Smart, Adam) Modified on 2/17/2016 (ATD). (Entered: 02/16/2016)
2016-02-1652ORDER as to 49 MOTION for Summary Judgment: IT IS THEREFORE ORDERED that Plaintiff shall have thirty (30) days from the date this order is filed to file any response to Defendants' motion for summary judgment, together with supporting affidavits or other appropriate exhibits and a separate statement of facts. IT IS FURTHER ORDERED that Defendants shall file any reply within fifteen (15) days from the date Plaintiff's response is filed. (See document for further details). Signed by Magistrate Judge Deborah M Fine on 2/16/16. (LAD) (Entered: 02/16/2016)
2016-02-1753ORDER - Defendants' Ex Parte 50 Motion for Leave to File Defendants' Separate Statement of Facts and Documents Supporting Their Motion for Summary Judgment is granted. The Proposed Separate Statement of Facts and Supporting Documents lodged at Doc. 51 shall be filed. Signed by Magistrate Judge Deborah M Fine on 02/17/2016. (ATD) (Entered: 02/17/2016)
2016-02-1754STATEMENT OF FACTS in Support of 49 MOTION for Summary Judgment by Defendant United States Department of Veterans Affairs (Veterans Affairs Regional Office - Phoenix). (Attachments: # 1 Index of Exhibits, # 2 Exhibits A-J, # 3 Declaration of Marcel Jeanisse, # 4 Vaughn Index) (ATD) (Entered: 02/17/2016)
2016-03-1755MOTION for Extension of Time to File Response as to 49 MOTION for Summary Judgment by Jose Adalberto Zaldivar, Sr. (ATD) (3 pages) (Entered: 03/17/2016)
2016-03-2356MANDATE of USCA dismissing the appeal re: 15-17537 as to 42 Notice of Interlocutory Appeal filed by Jose Adalberto Zaldivar, Sr. (Attachments: # 1 Order, # 2 NDA)(LSP) (Entered: 03/23/2016)
2016-03-2357ORDER that Plaintiff's Motion Under Vaughn v. Rosen to Require Detailed Indexing, Justification, and Itemization (Doc. 47 ) is denied as moot. IT IS FURTHER ORDERED that Plaintiff's Motion for Extension of Time to File Plaintiff's Opposition to Motion for Summary Judgment (Doc. 55 ) is granted.Plaintiff's response to Defendants' Motion for Summary Judgment at Docs. 49 and 54 is extended to April 15, 2016. IT IS FURTHER ORDERED that Defendants shall file their response to Plaintiff's Motion for Leave to File a Supplemental Complaint as to Count 2 (Doc. 48 ) within 14 days of the filing of this Order. Signed by Magistrate Judge Deborah M Fine on 3/22/2016.(KMG) (Entered: 03/23/2016)
2016-03-3058RESPONSE to Motion re: 48 MOTION to Amend/Correct 1 Complaint filed by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Smart, Adam) (Entered: 03/30/2016)
2016-04-0559ORDER that Plaintiff's Motion for Leave to File a Supplemental Complaint as to Count 2 (Doc. 48 ) is granted. IT IS FURTHER ORDERED that Defendants shall answer the supplemental pleading at Doc. 48 within thirty (30) days after the Court rules on the presently pending motion for summary judgment at Docs. 49 and 54 , if any claims remain. Signed by Magistrate Judge Deborah M Fine on 4/4/2016.(KMG) (Entered: 04/05/2016)
2016-04-1560MOTION for Extension of Time to File Response as to 49 MOTION for Summary Judgment by Jose Adalberto Zaldivar, Sr. (5 pages) (KMG) (Entered: 04/15/2016)
2016-04-1561ORDER that Plaintiff's Second Motion for Extension of Time to File Plaintiff's Opposition to Motion for Summary Judgment (Doc. 60 ) is granted. Plaintiff's response to Defendants' Motion for Summary Judgment at Docs. 49 and 54 is extended to April 22, 2016. Signed by Magistrate Judge Deborah M Fine on 4/15/2016.(KMG) (Entered: 04/15/2016)
2016-04-2262MOTION for Extension of Time to File Response as to 49 MOTION for Summary Judgment by Jose Adalberto Zaldivar, Sr. (6 pages) (KMG) (Entered: 04/22/2016)
2016-04-2263ORDER that Plaintiff's Third Motion for Extension of Time to File Plaintiff's Opposition to Motion for Summary Judgment (Doc. 62 ) is granted. Plaintiff's response to Defendants' Motion for Summary Judgment at Docs. 49 and 54 is extended to April 25, 2016. Signed by Magistrate Judge Deborah M Fine on 4/22/2016.(KMG) (Entered: 04/22/2016)
2016-04-2564RESPONSE (Opposition) to Motion re: 49 MOTION for Summary Judgment filed by Jose Adalberto Zaldivar, Sr. (15 pages) (KMG) (Entered: 04/26/2016)
2016-04-2565AFFIDAVIT of Jose Adalberto Zaldivar Sr re: 64 Response to Motion for Summary Judgment by Plaintiff Jose Adalberto Zaldivar, Sr. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (259 pages)(KMG) (Entered: 04/26/2016)
2016-04-2566STATEMENT OF FACTS in Support of re: 64 Response (Opposition) to Motion for Summary Judgment by Plaintiff Jose Adalberto Zaldivar, Sr. (4 pages) (KMG) (Entered: 04/26/2016)
2016-05-1267REPLY to Response to Motion re: 49 MOTION for Summary Judgment filed by United States Department of Veterans Affairs(Veterans Affairs Regional Office - Phoenix). (Smart, Adam) (Entered: 05/12/2016)
2016-08-2268ORDER The reference to the Magistrate Judge is withdrawn as to Defendants' Motion for Summary Judgment (Doc. 49 ). Defendants' Motion for Summary Judgment (Doc. 49) is granted, and this action is terminated with prejudice. The Clerk of Court must enter judgment accordingly. Signed by Judge David G Campbell on 8/22/2016.(KMG) (Entered: 08/22/2016)
2016-08-2269CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed August 22, 2016, judgment is entered in favor of defendants and against plaintiff. Plaintiff to take nothing, and the complaint and action are dismissed with prejudice. (KMG) (Entered: 08/22/2016)
2016-09-0670MOTION to Stay Pending Appeal by Jose Adalberto Zaldivar, Sr. (2 pages) (KMG) (Entered: 09/07/2016)
2016-09-0671NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 68 Order on Motion for Summary Judgment, 69 Clerks Judgment by Jose Adalberto Zaldivar, Sr. (2 pages)(KMG) (Entered: 09/07/2016)
2016-09-0672NOTICE re: Certificate as to Record on Appeal by Jose Adalberto Zaldivar, Sr re: 71 Notice of Appeal. (2 pages) (KMG) (Entered: 09/07/2016)
2016-09-0973USCA Case Number re: 71 Notice of Appeal. Case number 16-16580, Ninth Circuit. (Copies sent by the Ninth Circuit.) (KMG) (Entered: 09/09/2016)
2016-09-2374ORDER - It does not appear that a stay is necessary, as no relief has been ordered against Plaintiff. Plaintiff's 70 motion is denied as moot. Signed by Judge David G Campbell on 9/22/2016. (ATD) (Entered: 09/23/2016)
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