| Date Filed | Doc # | Docket Text |
|
| 2023-03-24 | | Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Cam Ferenbach. (HAM) (Entered: 03/24/2023) |
| 2023-03-24 | 1 | COMPLAINT against All Defendants (Filing fee $402) by Dale-Scott Heineman. Certificate of Interested Parties due by 4/3/2023. Proof of service due by 6/22/2023. (Attachments: # 1 Declaration, # 2 Civil Cover Sheet, # 3 Receipt # 3240) (HAM) (Entered: 03/27/2023) |
| 2023-03-27 | 2 | ADVISORY LETTER to litigant. (HAM) (Entered: 03/27/2023) |
| 2023-03-27 | 3 | Affidavit of Service by Mail re 1 Complaint by Plaintiff Dale-Scott Heineman. (HAM) (Entered: 03/27/2023) |
| 2023-03-28 | 4 | AFFIDAVIT of Service re 1 Complaint by Plaintiff Dale-Scott Heineman. (HAM) (Entered: 03/28/2023) |
| 2023-04-03 | 5 | DOCUMENTS forwarded to USDC, Nevada, from USDC, Northern California. NOTICE by Dale-Scott Heineman. (Image identical to re: ECF No. 1 Complaint) (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Docket sheet)(HAM). Modified on 7/28/2023 (AF). (Entered: 04/04/2023) |
| 2023-04-04 | 6 | CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Dale-Scott Heineman. Certificate of Interested Parties due by 4/11/2023. (no image attached) (EDS) (Entered: 04/04/2023) |
| 2023-04-10 | 7 | CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case (KF) (Entered: 04/11/2023) |
| 2023-04-19 | 8 | CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case (JQC) (Entered: 04/19/2023) |
| 2023-05-16 | 9 | NOTICE of Change of Address by Plaintiff Dale-Scott Heineman. (Address Reflected on Docket - LOE) (Entered: 05/16/2023) |
| 2023-05-31 | 10 | NOTICE of Lodgment of Notice of Nonresponse for Complaint, filed by Dale-Scott Heineman. (JQC) (Entered: 06/01/2023) |
| 2023-06-15 | 11 | MOTION for Hearing to Show Cause for Nonresponse, by Plaintiff Dale-Scott Heineman. Responses due by 6/29/2023. (Attachments: # 1 [Proposed] Order to Show Cause, # 2 Certificate of Service)(AF) (answer) (Entered: 06/15/2023) |
| 2023-06-16 | 12 | NOTICE of correction of the record by Dale-Scott Heineman re filer of 5 Notice, 8 Certificate of Interested Parties. (AF) (Entered: 06/21/2023) |
| 2023-06-30 | 14 | MOTION for Entry of Default by Clerk by Plaintiff Dale-Scott Heineman. Responses due by 7/14/2023. (AMMi) (Entered: 07/12/2023) |
| 2023-07-07 | 13 | ORDERED that an in-person hearing on the request for hearing to show cause for nonresponse (ECF No. 11 ), is scheduled for 1:00 PM, July 28, 2023 , in Courtroom 3D, third floor, Lloyd D. George Courthouse, United States District Court, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101. IT IS FURTHER ORDERED that Dale-Scott-Heineman must attend the scheduled hearing in person. Signed by Magistrate Judge Cam Ferenbach on 7/7/2023. (Copies have been distributed pursuant to the NEF - DRM) Modified on 7/7/2023 to activate hyperlink (DRM). (Entered: 07/07/2023) |
| 2023-07-17 | 15 | MOTION for Entry of Default Judgment by Plaintiff Dale-Scott Heineman. Responses due by 7/31/2023. (Attachments: # 1 Affidavit, # 2 Memorandum)(AMMi) (misc) (nondispositive) (Entered: 07/17/2023) |
| 2023-07-19 | 16 | ORDER Re: 13 Order Setting Hearing on Motion,the motion for entry of default by clerk 14 and motion for entry of default judgment 15 are added to the scheduled hearing on for July 28, 2023, at 1:00 PM, in Courtroom 3D, third floor, Lloyd D. George Courthouse, United States District Court, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101.Plaintiff Dale-Scott-Heineman must attend the scheduled hearing in person, Signed by Magistrate Judge Cam Ferenbach on 7/19/2023. (Copies have been distributed pursuant to the NEF - LG) (Entered: 07/19/2023) |
| 2023-07-28 | 17 | MINUTES OF PROCEEDINGS - Motion Hearing held on 7/28/2023 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: T. Renfro ; Pla Counsel: Dale-Scott Heineman, Pro Se ; Recording start and end times: 1:10 pm - 1:41 pm / Off Record 1:35 - 1:36 pm ; Courtroom: 3D ; The Court makes preliminary remarks and hears representations of Mr. Heineman. IT IS ORDERED that 11 MOTION for Order to Show Cause, 14 MOTION for Entry of Default by Clerk and 15 MOTION for Entry of Default Judgment are DENIED as stated on the record. IT IS FURTHER ORDERED that Proof of Service is due by October 26, 2023. (Copies have been distributed pursuant to the NEF - TR) (Entered: 07/28/2023) |
| 2023-08-17 | 18 | SUMMONS ISSUED as to Stephanie M. Hinds, James E. Keller, Merrick Garland. (AMMi) Modified on 8/18/2023 to include new party in 19 Amended Complaint. (Entered: 08/18/2023) |
| 2023-08-17 | 19 | AMENDED COMPLAINT against Stephanie M. Hinds, James E. Keller by Dale-Scott Heineman. Adds new parties. (AMMi) (Entered: 08/18/2023) |
| 2023-09-12 | 20 | REFER to ECF No. 22 - NOTICE of Proof of Service for James E. Keller, Merrick Garland, Stephanie M. Hinds by Dale-Scott Heineman. (Attachments: # 1 Notice, # 2 Notice)(AMMi) Modified on 9/15/2023 (CJS). (Entered: 09/14/2023) |
| 2023-09-12 | 22 | SUMMONS Returned Executed by Dale-Scott Heineman re 18 Summons Issued. Merrick Garland served on 9/6/2023; Stephanie M. Hinds served on 8/22/2023; James E. Keller served on 8/21/2023. (Attachments: # 1 Proof of Service - Garland, # 2 Proof of Service - Hinds)(AMMi) (Entered: 09/15/2023) |
| 2023-09-15 | 21 | NOTICE of Docket Correction to 20 Notice of Proof of Service. Entry was erroneously docketed by the Clerk and will be docketed again correctly. (no image attached) (CJS) (Entered: 09/15/2023) |
| 2023-09-21 | 23 | NOTICE of Proof of Service, filed by Dale-Scott Heineman. (JQC) (Entered: 09/22/2023) |
| 2023-09-25 | 24 | AMENDED NOTICE of Proof of Service, filed by Dale-Scott Heineman (AMMi) (Entered: 09/26/2023) |
| 2023-10-19 | 25 | MOTION to Dismiss 19 Amended Complaint by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. Responses due by 11/2/2023. Certificate of Interested Parties due by 10/29/2023. Discovery Plan/Scheduling Order due by 12/3/2023. (Colonna, Richard) 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: 10/19/2023) |
| 2023-10-23 | 26 | MOTION for Leave to File Second Amended Complaint by Plaintiff Dale-Scott Heineman. Responses due by 11/6/2023. (Attachments: # 1 Second Amended Complaint) (AMMi) (Entered: 10/24/2023) |
| 2023-10-23 | 27 | CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case (AMMi) (Entered: 10/24/2023) |
| 2023-10-24 | 28 | SUMMONS Returned Executed by Dale-Scott Heineman re 18 Summons Issued. Ismail Ramsey served on 10/23/2023. (CT) (Entered: 10/25/2023) |
| 2023-11-02 | 29 | RESPONSE to 25 Motion to Dismiss, by Plaintiff Dale-Scott Heineman. Replies due by 11/9/2023. (LG) (Entered: 11/02/2023) |
| 2023-11-06 | 30 | RESPONSE to 26 Motion for Leave to File Document/Excess Pages by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. Replies due by 11/13/2023. (Colonna, Richard) (Entered: 11/06/2023) |
| 2023-11-06 | 31 | ERRATA to 30 Response by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller.. (Attachments: # 1 Errata Corrected Opposition)(Colonna, Richard) (Entered: 11/06/2023) |
| 2023-11-09 | 32 | REPLY to Response to 25 Motion to Dismiss,, by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. (Colonna, Richard) (Entered: 11/09/2023) |
| 2023-11-14 | 33 | Plaintiff's Opposition to 31 Errata to United States' Opposition to Plaintiff's Motion for Leave to File Second Amended Complaint and Motion to Extend Time as Affidavit by Plaintiff Dale-Scott Heineman. (CAH) Modified on 11/15/2023 26 (WJ). (Entered: 11/14/2023) |
| 2023-11-14 | 34 | PLAINTIFF'S NOTICE of Default and Non-response as Affidavit by Dale-Scott Heineman. (CAH) (Entered: 11/14/2023) |
| 2023-11-30 | 35 | MOTION for Hearing and Request for Extension of Time to File Discovery Plan, as Affidavit by Plaintiff Dale-Scott Heineman. Responses due by 12/14/2023. (CAH) (misc) (pleading) (Entered: 11/30/2023) |
| 2023-11-30 | 36 | MOTION to Stay Discovery re 25 Motion to Dismiss,, by Defendants Merrick Garland, Stephanie M. Hinds, James E. Keller. Responses due by 12/14/2023. (Attachments: # 1 Exhibit A)(Colonna, Richard) (Entered: 11/30/2023) |
| 2023-12-04 | 37 | RESPONSE to 36 Motion to Stay Case or Discovery by Plaintiff Dale-Scott Heineman. Replies due by 12/11/2023. (AMMi) (Entered: 12/04/2023) |
| 2023-12-27 | 38 | NOTICE and DEMAND to the Clerk of the USDC of Nevada for Calendar of Motions Hearing by Dale-Scott Heineman. (ALZ) (Entered: 12/28/2023) |
| 2023-12-27 | 39 | NOTICE of Default and Non-Response as Affidavit for Ismail Ramsey by Dale-Scott Heineman. (ALZ) (Entered: 12/28/2023) |
| 2023-12-28 | 40 | MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 12/28/2023. Plaintiff Dale Scott Heineman sues United States Attorney General Merrick Garland, former United States Attorney for the Northern District of California Stephanie M. Hinds, and Assistant United States Attorney James E. Keller for alleged violations of the Freedom of Information Act, Americans with Disabilities Act, and the Federal Rules of Civil and Criminal Procedure. The defendants have moved to dismiss this suit 25 . Heinemann opposes that motion, moves for leave to amend, and asks the court to schedule a hearing 35 . He has also filed something he calls a "Notice and Demand to the Clerk of the United States District Court of Nevada for Calendar of Motions Hearing," in which he demands that the court schedule a hearing on the now-ripe motion to dismiss 38 . This District's Local Rule 78-1 states that "All motions may be considered and decided with or without a hearing." LR 78-1. The rule further explains that the proper way to request a hearing is to simply write the words "ORAL ARGUMENT REQUESTED" on the first page of the motion or the response; a separate motion or demand may not be filed. Id. Because this court is satisfied that the parties' arguments in their filed briefing adequately informs the court on the briefed matters, and the court further finds that the motion to dismiss is suitable for resolution without oral argument, IT IS ORDERED that the motion for a hearing 35 is DENIED. The court will decide the pending motion to dismiss in due course, and plaintiff is advised that the court has hundreds of pending motions in the queue for decision ahead of this one. And with good cause appearing, IT IS FURTHER ORDERED that the defendants' motion to stay discovery pending resolution of the motion to dismiss 36 is GRANTED because the pending motion seeks disposition of the entire case and can be decided without additional discovery, and Heinemann also seeks "to extend the date for the submission of the Discovery Plan...." 35 . The parties' obligation to file a proposed discovery plan and scheduling order, and all discovery, is stayed pending a decision on the motion to dismiss 25 . (no image attached) (Copies have been distributed pursuant to the NEF - JAD) (Entered: 12/28/2023) |
| 2024-01-08 | 41 | CLERK'S NOTICE that due to the retirement of Magistrate Judge Cam Ferenbach, this case is reassigned to Magistrate Judge Maximiliano D. Couvillier, III for all further proceedings. All further documents must bear the correct case number 2:23-cv-00448-JAD-MDC . (no image attached) (LG) (Entered: 01/08/2024) |
| 2024-02-26 | 42 | Plaintiff's NOTICE of Transcript for Related case NO. 3:05-cr-00611-WHA as Affidavit by Dale-Scott Heineman. (CT) (Entered: 02/27/2024) |
| 2024-03-01 | 43 | NOTICE to Clerk of the Northern District Court by Dale-Scott Heineman. (ALZ) (Entered: 03/01/2024) |
| 2024-03-04 | 44 | NOTICE to Clerk of the Northern District Court by Dale-Scott Heineman.. (JQC) (Entered: 03/06/2024) |
| 2024-03-11 | 45 | NOTICE of Fault with Opportunity to Cure by and Through 5 USCS Sec 552, 552a Regarding Plaintiffs Notice of Transcript for Related case no 3:05-cr-00611-WHA, as Affidavit by Dale-Scott Heineman. (CT) (Entered: 03/13/2024) |
| 2024-03-18 | 46 | NOTICE of Default by and through 5 USC Sec. 552, 552a, and the Doctrine of Acquiescence Regarding Plaintiffs Notice of Transcript for Related Case No. 3:05-cr-00611-WHA, as Affidavit by Dale-Scott Heineman. (ALZ) (Entered: 03/18/2024) |
| 2024-04-15 | 47 | MOTION for Oath of Office for Judge Jennifer A. Dorsey and Magistrate Judge Maximiliano D. Couvillier, III by Plaintiff Dale-Scott Heineman. Responses due by 4/29/2024. (AMMi) (Entered: 04/16/2024) |
| 2024-04-19 | 48 | MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Maximiliano D. Couvillier, III on 4/19/2024. ORDER denying 47 Motion; Re: 47 Motion The Court's chambers received communication from plaintiff Dale-Scott Heineman containing another copy of his Demand (Motion) for Oath of Office which is filed on the docket as ECF No. 47. The Court thanks plaintiff for sending a courtesy copy to chambers, however, the Court cannot accept courtesy copies or other documents mailed directly to chambers. Our Local Rule IA 7-1 provides, "an attorney or pro se party must not send case-related correspondence, such as letters, emails or facsimiles, to the court. All communications with the court must be styled as a motion, stipulation, or notice, and must be filed in the courts docket and served on all other attorneys and pro se parties." Id. As to the substance, plaintiffs Motion for Oath of Office (ECF No. 47) requests that District Judge Dorsey and Magistrate Judge Couvillier produce their Oaths of Office. "Federal judges have a statutory obligation to take an oath before performing the duties of their office." Middleton v. Wells Fargo, N.A., 2017 U.S. Dist. LEXIS 132814, at 6 (D. Nev. Aug. 18, 2017) (internal citations and quotations omitted). "However, nothing in this statute (or elsewhere in the law) requires judges to demonstrate to the satisfaction of a litigant in a particular case that he or she has taken this oath." Id. at 6-7. The court's commission and oath are a matter of public record. Id. (citing In re Anthony, 481 B.R. 602, 614 (D. Neb. 2012)). The Court is not required to produce to plaintiff the required oath. ACCORDINGLY, IT IS ORDERED that the Motion for Oath of Office (ECF No. 47) is DENIED. (Copies have been distributed pursuant to the NEF - LCHH) (Entered: 04/19/2024) |
| 2024-04-19 | 49 | STRICKEN per 54 Order MOTION for Oath of Office for Judge Jennifer A. Dorsey and Magistrate Judge Maximiliano D. Couvillier, III by Plaintiff Dale-Scott Heineman. Responses due by 5/3/2024. (AMMi) (Entered: 04/22/2024) |
| 2024-05-06 | 50 | STRICKEN per 54 Order MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Maximiliano D. Couvillier, III on 5/6/2024. ORDER denying 49 Motion; Re: 49 Motion Plaintiffs Motion for Oath of Office (ECF No. 49) filed on April 19, 2024, requests that District Judge Dorsey and Magistrate Judge Couvillier produce their Oaths of Office. It appears that this motion was inadvertently duplicative of plaintiffs prior, identical Motion for Oath of Office (ECF No. 47) filed on April 15, 2024, as both motions were signed on the same date. The Court considered plaintiffs first Motion for Oath of Office (ECF No. 47) and entered a Minute Order denying the motion (ECF No. 48). For the benefit of the record, the Court also denies plaintiffs second Motion for Oath of Office (ECF No. 49). "Federal judges have a statutory obligation to take an oath before performing the duties of their office." Middleton v. Wells Fargo, N.A., 2017 U.S. Dist. LEXIS 132814, at 6 (D. Nev. Aug. 18, 2017) (internal citations and quotations omitted). "However, nothing in this statute (or elsewhere in the law) requires judges to demonstrate to the satisfaction of a litigant in a particular case that he or she has taken this oath." Id. at 6-7. The court's commission and oath are a matter of public record. Id. (citing In re Anthony, 481 B.R. 602, 614 (D. Neb. 2012)). The Court is not required to produce to plaintiff the required oath. Duplicative filings unnecessarily consume the Courts resources and can delay action. See In re McDonald, 489 U.S. 180, 184, 109 S. Ct. 99.3, 103 L. Ed. 2d 158 (1998). To avoid delays, among other things, the Court may strike duplicative filings from the docket without notification. See Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010) (holding that district courts have authority to strike an improper filing under their inherent power to control the docket). Accordingly, IT IS ORDERED that the Motion for Oath of Office (ECF No. 49) is DENIED. (Copies have been distributed pursuant to the NEF - LCHH) (Entered: 05/06/2024) |
| 2024-05-13 | 51 | NOTICE for Acceptance of Oath of Office for Judge Jennifer A. Dorsey and Magistrate Judge Maximiliano D. Couvillier, III by Dale-Scott Heineman. (AMMi) (Entered: 05/13/2024) |
| 2024-05-13 | 52 | MOTION to Strike 49 Motion for Oath of Office and 50 Minute Order from the record by Plaintiff Dale-Scott Heineman. Responses due by 5/27/2024. (AMMi) (Entered: 05/13/2024) |
| 2024-05-29 | 53 | NOTICE of Demand for Default, Demand to Strike, Demand for Recusal for Non-Response by Dale-Scott Heineman. (AMMi) (Entered: 05/31/2024) |
| 2024-06-17 | 54 | ORDER. Plaintiff Dale Heineman's "Clarification for the Record and Notice of Demand to Strike from the Record ECF Nos. 49 and 50 ECF No. 52 isGRANTED. The Clerk of Court is directed to STRIKE ECF Nos. 49 and 50 . IT IS FURTHER ORDERED that the motion to dismiss ECF No. 25 is GRANTED and the motion for leave to amend ECF No. 26 is DENIED. This case is dismissed without prejudice and with leave to amend by July 17, 2024. See order for further details. Signed by Judge Jennifer A. Dorsey on 6/17/2024. (Copies have been distributed pursuant to the NEF - CT) (Entered: 06/18/2024) |
| 2024-06-21 | 55 | Mail Returned as Undeliverable re 54 Order addressed to Dale-Scott Heineman. RTS, unable to forward/no such street. (AMMi) (Entered: 06/21/2024) |
| 2024-06-25 | 56 | NOTICE of Change of Address by Plaintiff Dale-Scott Heineman. Address updated to 2775 Fremont St. #2008, Las Vegas, Nevada 89104 (zip code updated) . (DRM) (Entered: 06/25/2024) |
| 2024-07-08 | 57 | SECOND AMENDED COMPLAINT against Merrick Garland, James E. Keller, Ismail Ramsey by Dale-Scott Heineman. Removes parties. (ALZ) (Entered: 07/11/2024) |
| 2024-07-08 | 58 | SUMMONS ISSUED as to Case Number 05-cr-00611(DLJ) WHA, Merrick Garland, James E. Keller, Ismail Ramsey re 57 Amended Complaint. (ALZ) (Entered: 07/11/2024) |
| 2024-07-17 | 59 | MOTION to Dismiss 57 Amended Complaint by Defendants Merrick Garland, James E. Keller, Ismail Ramsey. Responses due by 7/31/2024. (Colonna, Richard) (Entered: 07/17/2024) |
| 2024-07-25 | 60 | OPPOSITION/MEMORANDUM to 59 Motion to Dismiss by Plaintiff Dale-Scott Heineman. (CT) Modified on 7/26/2024 added oppo (WJ). (Entered: 07/26/2024) |
| 2024-07-30 | 61 | CERTIFICATE of Interested Parties by Dale-Scott Heineman. There are no known interested parties other than those participating in the case. (AMMi) (Entered: 07/31/2024) |
| 2024-07-30 | 62 | NOTICE of Service of Process for all Respondents, as Affidavit by Dale-Scott Heineman. (AMMi) (Entered: 07/31/2024) |
| 2024-08-09 | 63 | NOTICE of Demand for Calendar for Hearing on the Rule 12 Motion by Dale-Scott Heineman. (ALZ) (Entered: 08/09/2024) |
| 2024-08-09 | 64 | NOTICE of Default for Respondents Failure to Timely File a Responsive Brief by Dale-Scott Heineman. (Attachments: # 1 Memorandum)(ALZ) (Entered: 08/09/2024) |
| 2024-08-19 | 65 | STANDING ORDER. This case has been assigned to the Honorable Maximiliano D. Couvillier, III. Judge Couvillier's Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov . (Copies have been distributed pursuant to the NEF - TR) (Entered: 08/19/2024) |
| 2024-08-20 | 66 | NOTICE for Misidentification of Petitioner's Standing and Misapplication of Rules by this Court Now Sitting in the Capacity of an Article III Court, as Affidavit, by Dale-Scott Heineman. (Attachments: # 1 Memorandum of Points of Authories and Conclusions of Law)(RJDG) (Entered: 08/21/2024) |
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