Helfrich v. Neven et al, No. 2:2014cv01725 - Document 139 (D. Nev. 2015)

Court Description: ORDER Denying 4 Motion for Preliminary Injunction, 22 Emergency Motion for Preliminary Injunction, 25 Motion for Preliminary injunction, 26 Motion for Temporary Restraining Order, 41 Emergency Secondary Motion for Temporary Restraining Or der, 42 Emergency Secondary Motion for Preliminary Injunction, 89 Emergency Motion for Preliminary Injunction, 90 Motion for Temporary Restraining Order, 96 Motion for Temporary Restraining order, 105 Motion for Preliminary Injunction, [106 ] Motion for Temporary Restraining order. IT IS ORDERED that 30 Motion to Strike, 47 Motion to Strike, 51 Motion to Strike, 58 Motion to Strike, 61 Motion to Strike, 121 Motion for Leave to File Supplement, 133 Motion for Leave to F ile Supplement are DENIED as MOOT. IT IS ORDERED that 15 Motion for Leave to File Supplemental Exhibits, 43 Motion for Leave to File Amended Complaint and Secondary TRO and Preliminary Injunction, 85 Motion to Amend/Correct, 97 Motion for Preliminary Injunction are GRANTED in PART and DENIED in PART. See order for details. Signed by Judge Richard F. Boulware, II on 6/2/15. (Copies have been distributed pursuant to the NEF - TR)
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Helfrich v. Neven et al Doc. 139 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 PETER J. HELFRICH, 8 9 10 Plaintiff, Case No. 2:14-cv-01725-RFB-NJK ORDER v. DWIGHT NEVEN, et al., 11 Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. Introduction On April 21, 2015, the Court set a hearing on several motions. ECF No. 93. This hearing was rescheduled to accommodate briefing of four newly filed motions. ECF No. 109. On May 26, the Court heard argument and ruled on twenty-three motions (the “Hearing”): • • • • • • • • • • • • • • • • Emergency Motion for Preliminary Injunction (ECF No. 4); Emergency Motion to Amend [4] Motion for Preliminary Injunction (ECF No. 14); Motion for Leave to File Supplement Exhibits (ECF No. 15); Motion for Leave to File Supplement re: [4] Emergency Motion for Preliminary Injunction (ECF No. 22); Motion for Preliminary Injunction (ECF No. 25); Motion for Temporary Restraining Order (ECF No. 26); Motion to Strike [26] Motion for Temporary Restraining Order, [25] Motion for Preliminary Injunction (ECF No. 30); Emergency Secondary Motion for Temporary Restraining Order (ECF No. 41); Emergency Secondary Motion for Preliminary Injunction (ECF No. 42); Motion for Leave to File Amended Complaint and Secondary TRO and Preliminary Injunction (ECF No. 43); Motion to Strike [45] Response to [38] Response to [30] Motion (ECF No. 47); Motion to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order (ECF No. 51); Motion to Strike [51] Motion to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order (ECF No. 58); Motion to Strike [51] MOTION to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order (ECF No. 61); Motion to Amend/Correct (ECF No. 85); Emergency Motion for Preliminary Injunction (ECF No. 89); Dockets.Justia.com • • • • • • 1 2 3 • 4 5 6 Motion for Temporary Restraining Order (ECF No. 90); Motion for Temporary Restraining Order (ECF No. 96); Motion for Preliminary Injunction (ECF No. 97); Motion for Preliminary Injunction (ECF No. 105); Motion for Temporary Restraining Order (ECF No. 106); Motion for Leave to File Supplement to Defendants' Partial Opposition to Helfrich's Motion for Leave to Amend Complaint (ECF No. 121); and Motion for Leave to File Supplement (ECF No. 133). The Court ruled from the bench on all motions. This Order follows to summarize the Court’s rulings. 7 8 II. Motions 9 A. The First Motion for Injunctive Relief and Related Motions 10 1. Emergency Motion to Amend [4] Motion for Preliminary Injunction, ECF No. 14 11 12 13 14 15 For the reasons stated on the record at the Hearing, the Court construes Helfrich’s motion to amend his motion for preliminary injunction as a request to supplement his original motion, and the motion is granted insofar as it is a supplement to the original motion for preliminary injunction. 16 17 2. Motion for Leave to File Supplement Exhibits, ECF No. 15 18 For the reasons stated on the record at the Hearing, the Court denies, in part, Helfrich’s 19 motion to file supplemental exhibits. However, the Court also grants in part Helfrich’s motion 20 for leave to file insofar as these exhibits may be refiled with a future amended complaint. 21 3. Motion for Leave to File Supplement re: [4] Emergency Motion for Preliminary Injunction, ECF No. 22 22 23 For the reasons stated on the record at the Hearing, this motion is denied. 24 25 26 27 28 4. Emergency Motion for Preliminary Injunction, ECF No. 4 For the reasons stated on the record at the Hearing, this motion for preliminary injunction is denied without prejudice. // // -2- B. Motions to Amend the Complaint and Related Motion 1 2 1. Motion for Leave to File Amended Complaint and Secondary TRO and Preliminary Injunction, ECF No. 43, and Motion to Amend/Correct, ECF No. 85 3 4 5 6 7 8 9 10 11 For the reasons given on the record at the Hearing, the Court grants in part and denies in part Helfrich’s motions to amend. The Court denies both of Helfrich’s proposed amended complaints, ECF Nos. 43 and 85, but, because the Court thinks it appropriate to allow Helfrich the opportunity to amend, Helfrich will have until July 15, 2015 to file a final amended complaint. The Court will not screen the amended complaint, but Defendants will have thirty days from the filing of the amended complaint to file appropriate responsive motions. Should Helfrich fail to file a new amended complaint by July 15, 2015, the case will proceed under the October 29, 2014, Amended Complaint, ECF No. 9. 12 14 2. Motion for Leave to File Supplement to Defendants’ Partial Opposition to Plaintiff's Motion for Leave to Amend Complaint, ECF No. 121 15 For the reasons stated on the record at the Hearing, Defendants’ motion to supplement 16 earlier briefing on the matter is denied as moot. Defendants may make their arguments, if 17 appropriate, in response to Helfrich’s final amended complaint. 13 18 C. The Second, Third, Fourth, and Sixth Set of Motions for Injunctive Relief and Related Motions 19 20 24 1. Motion for Preliminary Injunction, ECF No. 25; Motion for Temporary Restraining Order, ECF No. 26; Emergency Secondary Motion for Temporary Restraining Order, ECF No. 41; Emergency Secondary Motion for Preliminary Injunction, ECF No. 42; Emergency Motion for Preliminary Injunction, ECF No. 89; Motion for Temporary Restraining Order, ECF No. 90; Motion for Preliminary Injunction, ECF No. 105; and Motion for Temporary Restraining Order, ECF No. 106 25 For the reasons stated on the record at the Hearing, these motions for injunctive relief are 21 22 23 26 denied. 27 // 28 // -3- 1 2 3 4 5 6 7 2. Motion to Strike [26] Motion for Temporary Restraining Order, [25] Motion for Preliminary Injunction, ECF No. 30; Motion to Strike [45] Response to [38] Response to [30] Motion, ECF No. 47; Motion to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order, ECF No. 51; Motion to Strike [51] Motion to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order, ECF No. 58; Motion to Strike [51] Motion to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order, ECF No. 61; Motion for Leave to File Supplement, ECF No.133 For the reasons stated on the record at the Hearing, these motions, related to the denied motions for injunctive relief, are themselves denied as moot. 8 9 10 11 D. The Fifth Set of Motions for Injunctive Relief 1. Motion for Temporary Restraining Order, ECF No. 96 For the reasons stated on the record at the Hearing, this motion is denied. 12 13 2. Motion for Preliminary Injunction, ECF No 97 14 After careful consideration, the Court finds this motion is most appropriately construed as 15 a motion to compel. While the Court had initially at the hearing construed and ruled on this 16 motion as if it were a preliminary injunction motion, the Court finds this framework to be less 17 consistent with the motion and appropriate legal framework. For the reasons stated on the record 18 at the Hearing and elaborated herein, this motion to compel is granted in part and denied in part. 19 Helfrich has not received the sets of the Federal Rules of Civil Procedure and Nevada 20 Rules of Civil Procedure (the “Material”) that he ordered that were shipped to him from 21 Thompson Reuters. The Court finds that the Material was delivered to High Desert State Prison 22 (the “Prison”) but not subsequently delivered to Helfrich. The current disposition of the Material 23 is unclear; the Material is either still in the possession of the Prison or has been disposed of by 24 the Prison without discussion with—or the consent of—Helfrich. 25 disciplinary segregation and does not have access to legal materials in the Prison’s law library. 26 Defense counsel indicated at the Hearing that she was uncertain when disciplinary segregation 27 would end; she estimated a month or so. In the instant case, discovery is ongoing and is 28 presently scheduled for 90 days, ending July 6, 2015. -4- Presently, Helfrich is in 1 Helfrich has a right to access legal materials, especially those which he purchased 2 himself, and is entitled to the Material. Helfrich made efforts to obtain the Material and was 3 thwarted by the Prison. Therefore the Court finds it appropriate for the Prison to replace the 4 Material, which the Prison either has in its possession or has disposed of. 5 Accordingly, Defendants are ordered to provide to Helfrich within thirty days an 6 annotated soft-copy of Federal Rule of Civil Procedure 26. Defendants may deliver the soft- 7 copy either all at once or alternatively on a regular basis in divisions of no fewer than 50 pages at 8 a time, such that by the end of thirty days Helfrich has had an opportunity to review Rule 26. 9 Defendants are further ordered to review Prison logs and, using the tracking number and 10 delivery information available, to determine whether and how the Books came into the Prison, 11 what happened to the Books, and the current disposition of the Books. If the Books are at the 12 Prison, the Books should be delivered to Helfrich. 13 Defendants will report to Helfrich and file with the Court a supplement describing what has 14 happened to the Books, within thirty days. 15 If not, re-delivery is to be arranged. This motion is denied as to all other issues raised. 16 17 III. Conclusion IT IS THEREFORE ORDERED that 18 1. Emergency Motion for Preliminary Injunction, ECF No. 4, is DENIED 19 without prejudice. 20 2. Emergency Motion to Amend [4] Motion for Preliminary Injunction, ECF 21 No. 14, is construed as a motion to supplement and is GRANTED. 22 3. Motion for Leave to File Supplement Exhibits, ECF No. 15, is DENIED 23 IN PART and GRANTED IN PART. The supplemental exhibits are 24 presently improperly filed but may be refiled with an amended complaint. 25 4. Motion for Leave to File Supplement re: [4] Emergency Motion for 26 Preliminary Injunction, ECF No. 22, is DENIED. 27 5. Motion for Preliminary Injunction, ECF No. 25, is DENIED. 28 6. Motion for Temporary Restraining Order, ECF No. 26, is DENIED. -5- 1 7. Motion to Strike [26] MOTION for Temporary Restraining Order, [25] 2 Motion for Preliminary Injunction, ECF No. 30, is DENIED as moot. 3 8. Emergency Secondary Motion for Temporary Restraining Order, ECF No. 4 5 6 41, is DENIED. 9. Emergency Secondary Motion for Preliminary Injunction, ECF No. 42, is DENIED. 7 10. Motion for Leave to File Amended Complaint and Secondary TRO and 8 Preliminary Injunction, ECF No. 43, is DENIED in part and GRANTED 9 in part. Plaintiff shall have until July 15, 2015, to file an amended 10 11 12 13 14 complaint. Defendants will then have 30 days to file responses. 11. Motion to Strike [45] Response to [38] Response to 30 Motion, ECF No. 47, is DENIED as moot. 12. Motion to Strike [42] Motion for Preliminary Injunction, [41] Motion for Temporary Restraining Order, ECF No. 51, is DENIED as moot. 15 13. Motion to Strike [51] Motion to Strike [42] Motion for Preliminary 16 Injunction, [41] Motion for Temporary Restraining Order, ECF No. 58, is 17 DENIED as moot. 18 14. Motion to Strike [51] Motion to Strike [42] Motion for Preliminary 19 Injunction, [41] Motion for Temporary Restraining Order, ECF No. 61, is 20 DENIED as moot. 21 15. Motion to Amend/Correct, ECF No. 85, is DENIED in part and 22 GRANTED in part. Plaintiff shall have until July 15, 2015, to file an 23 amended complaint. Defendants will then have 30 days to file responses. 24 16. Emergency Motion for Preliminary Injunction, ECF No. 89, is DENIED. 25 17. Motion for Temporary Restraining Order, ECF No. 90, is DENIED. 26 18. Motion for Temporary Restraining Order, ECF No. 96, is DENIED. 27 19. Motion for Preliminary Injunction, ECF No. 97, is construed as a motion 28 to compel and is GRANTED in part and DENIED in part. Defendants -6- 1 are ordered to provide Helfrich a soft-copy of the annotated Federal Rule 2 of Civil Procedure 26 within thirty days. Defendants are further ordered 3 to determine what happened to the Books, report their findings to Helfrich, 4 and file with the Court a supplement explaining their findings, within 5 thirty days. 6 20. Motion for Preliminary Injunction, ECF No. 105, is DENIED. 7 21. Motion for Temporary Restraining Order, ECF No. 106, is DENIED. 8 22. Motion for Leave to File Supplement, ECF No 121, is DENIED as moot. 9 23. Motion for Leave to File Supplement, ECF No.133, is DENIED as moot. 10 DATED: June 2, 2015. 11 RICHARD F. BOULWARE, II United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7-