Web PACER (v) Docket as of June 14, 2002 5:36 pm Page 1 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL APPEAL U.S. District Court Northern District of Indiana (South Bend) CIVIL DOCKET FOR CASE #: 99-CV-607 Moreland, et al v. Speybroeck, et al Filed: 10/21/99 Assigned to: Judge Allen Sharp Jury demand: Both Demand: $9,999,000 Nature of Suit: 440 Lead Docket: None Jurisdiction: Federal Question Dkt # in USCA (re #247) : is :02- -02238 Dkt # in USCA (re #227) : is :02- -02185 Cause: 42:1983cv Civil Rights Act CHRISTOPHER A MORELAND, Estate Sean Drew of, Deceased, by GARY R [COR LD NTC] MORELAND and LINDA TUTTLE, Co- M Sherman Drew, Jr Personal Representatives [COR LD NTC] plaintiff Drew and Drew P O Box 880 Third and Sycamore Streets Niles, MI 49120 (616)683-5121 FTS 683-2195 Michael D Marrs [term 07/02/01] [COR LD NTC] P O Box 124 421 Main Street St Joseph, MI 49085 616-982-4000 FTS 982-0426 Geoffrey N Fieger [COR LD NTC] Jeremiah J Kenney [COR LD NTC] Ven R Johnson [COR LD NTC] Fieger Fieger Schwartz & Kenney PC 19390 West Ten Mile Road Southfield, MI 48075 248-355-5555 FTS 355-5148 GARY R MORELAND, and Sean Drew plaintiff (See above) [COR LD NTC] Docket as of June 14, 2002 5:36 pm Page 2 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL M Sherman Drew, Jr (See above) [COR LD NTC] Michael D Marrs [term 07/02/01] (See above) [COR LD NTC] Geoffrey N Fieger (See above) [COR LD NTC] Jeremiah J Kenney (See above) [COR LD NTC] Ven R Johnson (See above) [COR LD NTC] LINDA TUTTLE, in their Sean Drew official capacity (See above) plaintiff [COR LD NTC] M Sherman Drew, Jr (See above) [COR LD NTC] Michael D Marrs [term 07/02/01] (See above) [COR LD NTC] Geoffrey N Fieger (See above) [COR LD NTC] Jeremiah J Kenney (See above) [COR LD NTC] Ven R Johnson (See above) [COR LD NTC] GARY R MORELAND, and Sean Drew plaintiff (See above) [COR LD NTC] M Sherman Drew, Jr (See above) [COR LD NTC] Michael D Marrs [term 07/02/01] (See above) [COR LD NTC] Docket as of June 14, 2002 5:36 pm Page 3 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL Geoffrey N Fieger (See above) [COR LD NTC] Jeremiah J Kenney (See above) [COR LD NTC] Ven R Johnson (See above) [COR LD NTC] LINDA TUTTLE, in their Sean Drew individual capacity (See above) plaintiff [COR LD NTC] M Sherman Drew, Jr (See above) [COR LD NTC] Michael D Marrs [term 07/02/01] (See above) [COR LD NTC] Geoffrey N Fieger (See above) [COR LD NTC] Jeremiah J Kenney (See above) [COR LD NTC] Ven R Johnson (See above) [COR LD NTC] GARRETT MORELAND, Decedent's Sean Drew Brother [term 05/08/02] plaintiff (See above) [term 05/08/02] [COR LD NTC] M Sherman Drew, Jr [term 05/08/02] (See above) [COR LD NTC] Michael D Marrs [term 07/02/01] (See above) [COR LD NTC] Geoffrey N Fieger [term 05/08/02] (See above) [COR LD NTC] Ven R Johnson Docket as of June 14, 2002 5:36 pm Page 4 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL [term 05/08/02] (See above) [COR LD NTC] EVIE MORELAND, Decedent's Sean Drew Sister [term 05/08/02] plaintiff (See above) [term 05/08/02] [COR LD NTC] M Sherman Drew, Jr [term 05/08/02] (See above) [COR LD NTC] Michael D Marrs [term 07/02/01] (See above) [COR LD NTC] Geoffrey N Fieger [term 05/08/02] (See above) [COR LD NTC] Jeremiah J Kenney [term 05/08/02] (See above) [COR LD NTC] Ven R Johnson [term 05/08/02] (See above) [COR LD NTC] v. JOSEPH E SPEYBROECK, In his James F Groves individual and official [term 03/20/02] capacities [COR LD NTC] defendant Hardig Lee and Groves [term 03/20/02] 205 W Jefferson Boulevard Suite 502 South Bend, IN 46601 574-232-5923 FTS 232-5942 A Howard Williams [term 03/20/02] [COR LD NTC] P O Box 2286 South Bend, IN 46680 574-233-9595 Docket as of June 14, 2002 5:36 pm Page 5 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL JANE DOE SPEYBROECK, in their James F Groves official and individual [term 11/03/99] capacity as former Sheriff of (See above) St Joseph County Police [COR LD NTC] Department defendant [term 11/03/99] PAUL MOFFA, and James F Korpal defendant [COR LD NTC] Gregory D Toth [COR LD NTC] Heppenheimer and Korpal 704 W Washington Avenue South Bend, IN 46601 574-232-5883 FTS 232-4490 JANE DOE MOFFA, in their official and individual capacities defendant [term 11/03/99] ERICH DIETER, and Martin W Kus defendant [COR LD NTC] Newby Lewis Kaminski and Jones P O Box 1816 916 Lincolnway LaPorte, IN 46350-1816 219-362-1577 FTS 362-2106 JANE DOE DIETER, his wife, in their official and individual capacities defendant [term 11/03/99] MICHAEL SAWDON, and Martin W Kus defendant (See above) [COR LD NTC] JANE DOE SAWDON, his wife, in their official and individual capacities defendant [term 11/03/99] Docket as of June 14, 2002 5:36 pm Page 6 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL ST JOSEPH COUNTY INDIANA, a James F Groves public entity [term 04/17/02] defendant (See above) [term 04/17/02] [COR LD NTC] ST JOSEPH COUNTY POLICE James F Groves DEPARTMENT [term 04/17/02] defendant (See above) [term 04/17/02] [COR LD NTC] BEVERLY D CRONE, President- James F Groves Commissioner [term 12/13/99] defendant (See above) [term 12/13/99] [COR LD NTC] RICHARD LARRISON, Commissioner James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] CYNTHIA A BODLE, Vice- James F Groves President-Commissioner, [term 12/13/99] individually and in their (See above) official capacities as St [COR LD NTC] Joseph County Commissioners defendant [term 12/13/99] JOSEPH A BALDONI, President- James F Groves County Council [term 12/13/99] defendant (See above) [term 12/13/99] [COR LD NTC] LARRY J JASINSKI, President James F Groves Pro-Tempore-County Vice [term 12/13/99] President Pro-Tempore-County (See above) Council [COR LD NTC] defendant [term 12/13/99] GEORGE NOME, County Council James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] Docket as of June 14, 2002 5:36 pm Page 7 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL HENRY J KEULTJES James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] DENNIS SCHAFER James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] JAMES A REINHOLTZ James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] JAMES A REINEBOLD, SR James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] RAFAEL MORTON James F Groves defendant [term 12/13/99] [term 12/13/99] (See above) [COR LD NTC] MARK A CATANZARITE, James F Groves individually and in their [term 12/13/99] official capacities as St (See above) Joseph County Council Members [COR LD NTC] defendant [term 12/13/99] OMEGA HEALTH GROUP INC Wendell W Walsh dba [term 04/26/02] Memorial Home Care Inc [COR LD NTC] ("Memorial") May Oberfell and Lorber defendant 300 N Michigan Street [term 04/26/02] South Bend, IN 46601 574-232-2031 FTS 232-9789 Steven D Pearson [COR LD NTC] Meckler Bulger and Tilson 123 N Wacker Drive Suite 1800 Chicago, IL 60606 Docket as of June 14, 2002 5:36 pm Page 8 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 312-474-7900 FTS 474-7898 Robert G James [term 04/26/02] [COR LD NTC] York Schrager Baxter James and Rose 7212 N Shadeland Suite 150 Indianapolis, IN 46250-2030 317-842-8000 FTS 577-7321 HANSEL O FOLEY, M.D., and Robert J Konopa defendant [term 02/15/01] [term 02/15/01] [COR LD NTC] Eric P Mathisen [term 02/15/01] [COR LD NTC] Konopa Reagan & Kenyon PC P O Box 11237 212 E LaSalle Avenue South Bend, IN 46634-0237 574-239-1000 FTS 239-1001 JANE DOE FOLEY, in their Robert J Konopa individual and official [term 11/03/99] capacities (See above) defendant [COR LD NTC] [term 11/03/99] LARRY BROWN, R.N., and Wendell W Walsh defendant (See above) [term 04/22/02] [COR LD NTC] Robert G James (See above) [COR LD NTC] JANE DOE BROWN, in their Wendell W Walsh individual and official [term 11/03/99] capacities (See above) defendant [COR LD NTC] [term 11/03/99] CONNIE GACHUNJA, QMA, and Wendell W Walsh defendant [term 04/26/02] Docket as of June 14, 2002 5:36 pm Page 9 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL [term 04/26/02] (See above) [COR LD NTC] Steven D Pearson (See above) [COR LD NTC] Robert G James [term 04/26/02] (See above) [COR LD NTC] JOHN DOE GACHUNJA, Wendell W Walsh individually and in their [term 11/03/99] official capacities, all (See above) jointly and severally [COR LD NTC] defendant [term 11/03/99] Docket as of June 14, 2002 5:36 pm Page 10 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 10/21/99 1 COMPLAINT for violation of civil rights ( Number of Summon(es) issued: 29 ) Jury demand by: plaintiffs (mjk) [Entry date 10/22/99] 10/21/99 -- FILING FEE PAID: on 10/21/99 in the amount of $150.00, receipt # 3135599. (mjk) [Entry date 10/22/99] 10/21/99 2 ATTORNEY APPEARANCE for plaintiffs by M Sherman Drew, Jr; Sean W Drew & Michael D Marrs (mjk) [Entry date 10/22/99] 10/26/99 3 ATTORNEY APPEARANCE for defendants Omega Health Group, Larry Brown, Jane Doe Brown, Connie Gachunja, John Doe Gachunja by Wendell W Walsh (mjk) [Entry date 10/27/99] 10/26/99 4 AGREED NOTICE by defendants Omega Health Group, Larry Brown, Jane Doe Brown, Connie Gachunja, John Doe Gachunja, extending time to 12/15/99 to file a responsive pleading (mjk) [Entry date 10/27/99] 10/26/99 5 ATTORNEY APPEARANCE for Hansel O Foley, Jane Doe Foley by Robert J Konopa (mjk) [Entry date 10/27/99] 11/1/99 6 ATTORNEY APPEARANCE for defendant Joseph E Speybroeck, defendant Jane Doe Speybroeck, defendant St Joseph County IN, defendant St Joseph Cty PD, defendant Beverly D Crone, defendant Richard Larrison, defendant Cynthia A Bodle, defendant Joseph A Baldoni, defendant Larry J Jasinski, defendant George Nome, defendant Henry J Keultjes, defendant Dennis Schafer, defendant James A Reinholtz, defendant James A Reinebold Sr, defendant Rafael Morton, defendant Mark A Catanzarite by James F Groves (clt) [Entry date 11/02/99] 11/1/99 7 AGREED NOTICE between plts counsel and defts represented by James Groves to extend time to 12/15/99 to file answer or responsive pleading (clt) [Entry date 11/02/99] 11/3/99 8 NOTICE OF VOLUNTARY DISMISSAL by plaintiffs of defendants Jane Doe Speybroeck, Jane Doe Moffa, Jane Doe Dieter, Jane Doe Sawdon, Jane Doe Foley, Jane Doe Brown & Jane Doe Gachuna, with prejudice (mjk) 11/3/99 9 ORDER by Judge Allen Sharp granting notice of voluntary dismissal [8-1]; dismissing defendants Jane Doe Speybroeck, Jane Doe Moffa, Jane Doe Dieter, Jane Doe Sawdon, Jane Doe Foley, Jane Doe Brown, John Doe Gachunja with prejudice (cc: all counsel) (mjk) [Entry date 11/04/99] 11/12/99 10 MAIL Returned [9-1], [9-2] addressed to Attorney Marrs for plaintiffs (forwarding order expired); re-sent to current address (mjk) [Entry date 11/15/99] Docket as of June 14, 2002 5:36 pm Page 11 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 11/15/99 11 NOTICE by Judge Allen Sharp: Pretrial conference set on 12/6/99 at 1:30 pm (South Bend time) (cc: all counsel with attached consent form) (mjk) 11/16/99 12 AGREED NOTICE by defendant Hansel O Foley, extending time to/including 12/15/99 to respond to complaint (mjk) [Entry date 11/17/99] 11/19/99 13 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Hansel O Foley, defendant Jane Doe Foley on 10/25/99 by Robert Konopa (clt) [Entry date 11/22/99] 11/19/99 14 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Connie Gachunja, defendant John Doe Gachunja on 10/25/99 by May Oberfell law office by Wendall Walsh (clt) [Entry date 11/22/99] 11/19/99 15 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Omega Health Group, dba Memorial Home Care, on 10/25/99 by Wendall Walsh for May Oberfell & Lorber (clt) [Entry date 11/22/99] 11/19/99 16 RETURN OF SERVICE executed upon defendant Paul Moffa, defendant Jane Doe Moffa on 10/28/99 (clt) [Entry date 11/22/99] 11/19/99 17 RETURN OF SERVICE executed upon defendant Joseph E Speybroeck, defendant Jane Doe Speybroeck on 10/27/99 (clt) [Entry date 11/22/99] 11/19/99 18 RETURN OF SERVICE executed upon defendant St Joseph County IN on 10/25/99 (clt) [Entry date 11/22/99] 11/19/99 19 RETURN OF SERVICE executed upon defendant Larry Brown, defendant Jane Doe (Robin) Brown on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 20 RETURN OF SERVICE executed upon defendant Michael Sawdon, defendant Jane Doe ( Laura) Sawdon on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 21 RETURN OF SERVICE executed upon defendant Dennis Schafer on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 22 RETURN OF SERVICE executed upon defendant George Nome on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 23 RETURN OF SERVICE executed upon defendant James A Reinholtz on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 24 RETURN OF SERVICE executed upon defendant Beverly D Crone on 10/22/99 (clt) [Entry date 11/22/99] Docket as of June 14, 2002 5:36 pm Page 12 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 11/19/99 25 RETURN OF SERVICE executed upon defendant James A Reinebold Sr on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 26 RETURN OF SERVICE executed upon defendant Richard Larrison on 10/22/99 (clt) [Entry date 11/22/99] 11/19/99 27 RETURN OF SERVICE executed upon defendant St Joseph Cty PD on 10/22/99 (clt) [Entry date 11/22/99] 11/19/99 28 RETURN OF SERVICE executed upon defendant Cynthia A Bodle on 10/22/99 (clt) [Entry date 11/22/99] 11/19/99 29 RETURN OF SERVICE executed upon defendant Larry J Jasinski on 10/30/99 (clt) [Entry date 11/22/99] 11/19/99 30 RETURN OF SERVICE executed upon defendant Mark A Catanzarite on 10/30/99 (clt) [Entry date 11/22/99] 11/19/99 31 RETURN OF SERVICE executed upon defendant Rafael Morton on 10/30/99 (clt) [Entry date 11/22/99] 11/19/99 32 RETURN OF SERVICE executed upon defendant Joseph A Baldoni on 10/29/99 (clt) [Entry date 11/22/99] 11/19/99 33 RETURN OF SERVICE executed upon defendant Paul Moffa, defendant Jane Doe Moffa on 10/23/99 (clt) [Entry date 11/22/99] 11/19/99 34 RETURN OF SERVICE executed upon defendant Henry J Keultjes on 10/29/99 (clt) [Entry date 11/22/99] 11/24/99 35 ATTORNEY APPEARANCE for defendant Erich Dieter by Martin W Kus (mjk) [Entry date 11/29/99] 11/24/99 36 AGREED NOTICE by defendant Erich Dieter to respond within 40 days from original response date (mjk) [Entry date 11/29/99] 12/6/99 37 RETURN OF SERVICE executed upon defendant Erich Dieter, defendant Jane Doe Dieter on 10/28/99 (clt) 12/6/99 38 PRETRIAL STATEMENT pursuant to FRCP 16 and LR 16.1 by plaintiff Christopher A Moreland, plaintiff Gary R Moreland, plaintiff Linda Tuttle, plaintiff Garrett Moreland, plaintiff Evie Moreland (clt) 12/6/99 39 PRETRIAL CONFERENCE: before Judge Allen Sharp , ; All Discovery ddl set for 9/5/00 ; Motions for summary judgment due to be filed by 10/2/00 - Response due 11/1/00; Pltf to file any dismissal papers of certain defts by 1/31/00; Case referred to Mag. Rodovich for a settle conf (cc: all counsel) (saj) Docket as of June 14, 2002 5:36 pm Page 13 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 12/6/99 40 ORDER OF REFERRAL by Judge Allen Sharp referring case to Mag. Rodovich for a settle conf (cc: all counsel) (saj) 12/13/99 41 NOTICE OF DISMISSAL as to defendants Beverly D Crone, Richard Larrison, Cynthia A Bodle, Joseph A Baldoni, Larry J Jasinski, George Nome, Henry J Keultjes, Dennis Schafer, James A Reinholtz, James A Reinebold, Rafael Morton, Mark A Catanzarite in their individual and official capacities, with prejudice, by plaintiffs (cc: chambers, order book) (mjk) [Entry date 12/14/99] [Edit date 04/04/00] 12/13/99 42 ATTORNEY APPEARANCE for defendant Joseph E Speybroeck by A Howard Williams (mjk) [Entry date 12/14/99] [Edit date 04/04/00] 12/15/99 43 ANSWER by defendant Hansel O Foley to complaint [1-1]; jury demand (mjk) [Entry date 12/16/99] [Edit date 04/04/00] 12/15/99 44 ANSWER by defendants Omega Health Group, Larry Brown, Connie Gachunja to complaint [1-1] (mjk) [Entry date 12/16/99] [Edit date 04/04/00] 12/16/99 45 NOTICE by Mag Judge Andrew P. Rodovich: telephonic status conference set for 1/10/00 at 10:00 am (Hammond time). Attorney Drew to initiate the call (cc: all counsel) (mjk) [Entry date 12/21/99] [Edit date 04/04/00] 12/20/99 46 MOTION for attorneys Sean W Drew & Michael D Marrs to appear pro hac vice for plaintiffs (mjk) [Entry date 12/21/99] [Edit date 04/04/00] 12/20/99 -- PRO HAC VICE FILING FEE PAID: on 12/20/99 in the amount of $30.00, receipt # 3136135 by attorney Marrs ($30.00 fee for attorney Sean Drew is being sent) (mjk) [Entry date 12/21/99] 12/20/99 47 ORDER by Judge Allen Sharp granting motion for attorneys Sean W Drew & Michael D Marrs to appear pro hac vice for plaintiffs [47-1] (cc: all counsel) (mjk) [Entry date 12/21/99] [Edit date 04/04/00] 12/27/99 -- PRO HAC VICE FILING FEE PAID: on 12/27/99 in the amount of $30.00, receipt # 3136157, for attorney Sean Drew (mjk) [Entry date 12/28/99] 1/10/00 48 MINUTES: Telephonic status conference held 1/10/00 before Mag Judge Andrew P. Rodovich; Settlement conf set on 1/26/00 at 9:30 am (Hammond time) in South Bend (cc: all counsel) (mjk) [Entry date 01/13/00] [Edit date 04/04/00] Docket as of June 14, 2002 5:36 pm Page 14 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 1/26/00 49 MINUTES: Due to inclement weather telephonic status conference held 1/26/00 in lieu of settlement conference before Mag Judge Andrew P. Rodovich; Settlement conference rescheduled to 2/2/00 at 9:30 am (Hammond Time) in South Bend, before Mag Judge Andrew P. Rodovich (cc: all counsel) (mjk) [Entry date 01/27/00] [Edit date 04/04/00] 2/2/00 50 MINUTES: before Mag Judge Andrew P. Rodovich ; settlement conference held 2/2/00; telephonic status conference set for 5/12/00 at 10:30 am before Mag Judge Andrew Rodovich, with Attorney Groves to initiate the call (cc: all counsel) (mjk) [Entry date 02/07/00] [Edit date 04/04/00] 2/16/00 51 ANSWER by defendant Joseph E Speybroeck to complaint [1-1]; jury demand (mjk) [Entry date 02/17/00] [Edit date 04/05/00] 2/18/00 -- TRANSCRIPT filed: no. of volumes: 1; for dates: pretrial conference held 12/6/99; Court Reporter: Joanne M Hoffman (mjk) [Entry date 02/22/00] 3/24/00 52 ORDER by Judge Robert L. Miller Jr. permitting withdrawal of 1 vol record to Atty Chris Crawford; to be retd 3/30/00 Number of pages: 1 (cc: all counsel) (clt) [Entry date 03/28/00] [Edit date 04/05/00] 3/27/00 53 CERTIFICATE OF SERVICE by plaintiff of 1st request for production of documents directed to defendants County of St Joseph, Indiana and St. Joseph County Police Department (mjk) [Entry date 03/28/00] [Edit date 04/05/00] 3/30/00 54 RECEIPT for return of file by Chris Crawford (1 volume pleadings) (mjk) [Entry date 03/31/00] [Edit date 04/05/00] 5/4/00 55 ATTORNEY APPEARANCE for defendant Michael Sawdon by Martin W Kus (clt) [Entry date 05/08/00] 5/12/00 56 MINUTES before Mag Judge Andrew P. Rodovich: Telephonic status conference held 5/12/00; status conference reset for 9/8/00 at 10:30 am before Mag Judge Andrew P. Rodovich, with Attorney Walsh to initiate the call (cc: all counsel) (mjk) [Entry date 05/16/00] 5/22/00 57 ATTORNEY APPEARANCE for defendant Paul Moffa by Gregory D Toth (lpw) [Entry date 05/25/00] 5/30/00 58 Discovery Filed by plaintiffs of lst request for production to deft Speybroek (clt) [Entry date 05/31/00] 5/30/00 59 Discovery Filed by plaintiffs of lst request for production to deft Hansel Foley (clt) [Entry date 05/31/00] Docket as of June 14, 2002 5:36 pm Page 15 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 5/30/00 60 Discovery Filed by plaintiffs of lst request for production to deft County of St. Joseph (clt) [Entry date 05/31/00] 5/30/00 61 Discovery Filed by plaintiffs of lst request for production to deft Omega Health Group (clt) [Entry date 05/31/00] 9/8/00 62 MINUTES before Mag Judge Andrew P. Rodovich: telephonic status conference held 9/8/00. Parties indicate they will file a motion to extend the discovery and summary judgment deadlines. Status conference continued to 12/15/00 at 9:30 am (Hammond time) before Mag Judge Andrew Rodovich, with Attorney Groves to initiate the conference call (cc: all counsel) (mjk) [Entry date 09/12/00] 9/15/00 63 NOTICE by plaintiffs of taking deposition of defendant Hansel O Foley MD on 1/10/01 at 3:00 pm (mjk) [Entry date 09/18/00] 9/15/00 64 NOTICE by plaintiffs of taking deposition of defendant Paul Moffa on 1/11/01 at 9:00 am (mjk) [Entry date 09/18/00] 9/15/00 65 NOTICE by plaintiffs of taking deposition of Larry Brown RN on 1/10/01 at 10:00 am (mjk) [Entry date 09/18/00] 9/29/00 66 NOTICE by plaintiff of taking deposition of defendant, Connie Gachunja Spicer, on 1/8/01 at 8:30 am (mjk) [Entry date 10/02/00] 10/2/00 67 MOTION by defendant Hansel O Foley for summary judgment (mjk) [Entry date 10/03/00] 10/2/00 68 APPENDIX A filed by defendant Hansel O Foley [67-1] (Statement of material facts; affidavit of Hansel O Foley MD) (mjk) [Entry date 10/03/00] 10/2/00 69 MEMORANDUM by defendant Hansel O Foley in support of motion for summary judgment [67-1] (mjk) [Entry date 10/03/00] 11/2/00 70 MOTION by plaintiffs to extend time to respond to defendant Foley's motion for summary disposition (mjk) [Entry date 11/03/00] 11/3/00 71 ORDER by Judge Allen Sharp granting motion to extend time until 2/10/01 to respond to defendant Foley's motion for summary disposition [70-1]. Number of pages: 1 (cc: all counsel) (mjk) [Entry date 11/06/00] 11/17/00 72 CERTIFICATE OF SERVICE by plaintiffs of order for enlargement of time (mjk) 12/15/00 73 MINUTES: Telephonic status conference held 12/15/00 before Mag Judge Andrew P. Rodovich; status conference continued to 4/27/01 at 11:00 am before Mag Judge Andrew Rodovich, with Attorney Kus to initiate the call. (cc: all counsel) Docket as of June 14, 2002 5:36 pm Page 16 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL (mjk) [Entry date 12/20/00] 2/15/01 74 MEMORANDUM AND ORDER: by Judge Allen Sharp granting defendant Hansel O Foley's motion for summary judgment [67-1]; terminating party Hansel O Foley. Clerk to enter judgment against plaintiffs and in favor of defendant Foley. Number of pages: 5 (cc: all counsel) (mjk) [Entry date 02/16/01] 2/16/01 75 CLERK'S ENTRY OF JUDGMENT for defendant Hansel O Foley, against plaintiffs, regarding [74-1], [74-2] (cc: all counsel) (mjk) 3/15/01 76 NOTICE: before Judge Allen Sharp ; Further Pretrial conference set 1:00 4/6/01 (cc: all counsel) (saj) 4/2/01 77 STIPULATED MOTION to continue the further pre-trial conference (jld) [Entry date 04/04/01] 4/3/01 78 ORDER by Judge Allen Sharp granting motion to continue the further pre-trial conference [77-1] ;Pretrial conference set 1:45 4/19/01 before Judge Allen Sharp Number of pages: 2 (cc: all counsel) (jld) [Entry date 04/04/01] 4/19/01 79 FURTHER PRETRIAL CONFERENCE: before Judge Allen Sharp , ; Discovery ddl set for 12/31/01 ; Atty Kus to prepare Pre-trial order ddl set for 3/4/02 ;Jury trial set for 1:30 4/22/02 ;exch of cont, wit, exhib ;disp motion ddl set for 1/7/02; Conduct of trial order to all cnsl; All discovery to be completed by 12/31/01 and no extensions will be granted (cc: all counsel) (saj) 4/20/01 80 ORDER by Judge Allen Sharp directing all trial counsel to meet w/Mag J Christopher A. Nuechterlein w/in 60 days to set discovery deadlines. Number of pages: 1 (cc: all counsel) (jld) [Entry date 04/24/01] 4/25/01 81 ORDER by Mag J Christopher A. Nuechterlein ;Pretrial conference 10:30 6/18/01 before Mag J Christopher A. Nuechterlein ; all trial counsel to meet prior to 6/8/01 to make or arrange for disclosures pursuant to Fed.R.Civ.P.26 (a)(1) & to develop a proposed discovery plan; discovery plan ddl 6/13/01 Number of pages: 2 (cc: all counsel) (jld) [Entry date 04/27/01] 5/1/01 82 MOTION by defendants Omega Health Group, Connie Gachunja, and Larry Brown to continue pretrial conference currently set for 6/18/01 (jld) [Entry date 05/02/01] Docket as of June 14, 2002 5:36 pm Page 17 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 5/8/01 83 ORDER by Mag J Christopher A. Nuechterlein granting defendants' motion to continue pretrial conference currently set for 6/18/01 [82-1] ;Pretrial conference now set 10:30 7/2/01 (South Bend Time) before Mag J Christopher A. Nuechterlein Number of pages: 1 (cc: all counsel) (jld) [Entry date 05/09/01] 6/12/01 84 JOINT PROPOSED Discovery plan under FRCP 26 by parties. (jld) [Entry date 06/13/01] 6/18/01 85 CERTIFICATE OF SERVICE by plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, and Evie Moreland of Joint Proposed Discovery Plan (jld) [Entry date 06/19/01] 7/2/01 87 MOTION by plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, Evie Moreland for attorney Geoffrey N Fieger, Jeremiah J Kenney, Ven R Johnson to appear pro hac vice (receipt # 3302913) (jld) 7/2/01 88 ATTORNEY APPEARANCE for plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, and Evie Moreland by Jeremiah J Kenney and Ven R Johnson (jld) 7/2/01 89 ATTORNEY APPEARANCE for plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, and Evie Moreland by Geoffrey N Fieger (jld) 7/2/01 90 ORDER by Judge Allen Sharp granting motion for attorney Geoffrey N Fieger, Jeremiah J Kenney, Ven R Johnson to appear pro hac vice [87-1] Number of pages: 1 (cc: all counsel) (jld) [Entry date 07/03/01] 7/2/01 86 STIPULATION FOR SUBSTITUTION OF CO-COUNSEL: terminating Michael D Marrs and substituting attorney Geoffrey N Fieger, Jeremiah J Kenney, Ven R Johnson (jld) [Entry date 07/05/01] 7/3/01 91 ORDER by Judge Allen Sharp granting attorney substitution [86-1] Number of pages: 2 (cc: all counsel) (jld) [Entry date 07/05/01] 7/3/01 92 SCHEDULING ORDER and MEMORANDUM OF STATUS CONFERENCE by Mag J Christopher A. Nuechterlein pre-trial conference held 7/2/01, ; Discovery ddl set for 12/31/01; exhcange of mandatory disclosures by 8/3/01; disclosure on non-expert witnesses by 8/3/01; plaintiff expert reports by 8/3/01; defendants expert witness disclosure by 9/28/01; defendant expert reports by 10/30/01 Number of pages: 2 (cc: all counsel) (jld) [Entry date 07/05/01] Docket as of June 14, 2002 5:36 pm Page 18 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 7/5/01 93 MEMORANDUM by Judge Allen Sharp stating that new counsel should meet current discovery deadlines and that the case will go to trial as it is now set Number of pages: 2 (cc: all counsel) (jld) 7/9/01 94 CERTIFICATE OF SERVICE by plaintiffs of appearance of Geoffrey Fieger, Jeremiah Kenney & Van Johnson, plaintiffs' application for leave to admit out-of-state co-counsel pro hac vice and plaintiffs' stipulation and order for substitution of counsel (mjk) [Entry date 07/10/01] 8/3/01 95 INITIAL LAY WITNESS DISCLOSURE submitted by plaintiff Christopher A Moreland (jld) 8/3/01 96 CERTIFICATE OF SERVICE by plaintiff Christopher A Moreland of Initial Lay Witness Disclosure (jld) 8/6/01 97 CERTIFICATE OF SERVICE by plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, and Evie Moreland of Plaintiffs' Rule 26 Disclosures (jld) 8/6/01 98 ANSWER by Erich Dieter, Michael Sawdon to complaint [1-1]; jury demand (jld) 8/10/01 99 ORDER by Judge Allen Sharp striking witness list [95-1] & ORDERING all counsel to appear at an agreed date w/Mag J Christopher A Nuechterlein to decide on witnesses to be called & documents to be offered at trial Number of pages: 7 (cc: all counsel) (jld) 8/13/01 100 MOTION AND BRIEF in support by plaintiff Christopher A Moreland to strike defendants' Speybroek, Moffa, Dieter, Sawdon, St Joseph Co IN & St Joseph Co Police Dept, non-expert witnesses (mjk) [Entry date 08/14/01] 8/13/01 101 AFFIDAVIT, NON-MILITARY AFFIDAVIT AND MOTION by plaintiff Christopher A Moreland for entry of default as to Paul Moffa (mjk) [Entry date 08/14/01] 8/14/01 102 CLERK'S ENTRY OF DEFAULT as to defendant Paul Moffa (cc: all counsel) (mjk) 8/16/01 103 RESPONSE by defendant Joseph E Speybroeck to motion to strike defendants' Speybroek, Moffa, Dieter, Sawdon, St Joseph Co IN & St Joseph Co Police Dept, non-expert witnesses [100-1] (jld) [Entry date 08/17/01] 8/17/01 104 VERIFIED MOTION by defendant Paul Moffa to set aside default (lpw) 8/17/01 105 ANSWER by defendant Paul Moffa to complaint [1-1] (lpw) Docket as of June 14, 2002 5:36 pm Page 19 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 8/20/01 106 CERTIFICATE OF SERVICE by Plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, & Evie Moreland of Motion & Brief in Support of Motion to Strike Defendants Non-Expert Witnesses (jld) 8/21/01 107 MAIL Returned [102-1] addressed to Gregory D Toth (jld) 9/12/01 108 ORDER by Judge Allen Sharp granting motion to set aside default [104-1] [102-1] Number of pages: 1 (cc: all counsel) (jld) [Entry date 09/13/01] 9/21/01 109 ORDER by Mag J Christopher A. Nuechterlein ;Telephonic Status conference set for 10:00 10/26/01 (South Bend Time) before Mag J Christopher A. Nuechterlein - court to make necessary arrangements Number of pages: 1 (cc: all counsel) (jld) [Entry date 09/24/01] 9/28/01 110 DESIGNATION OF EXPERT WITNESSES submitted by Omega Health Group, Larry Brown, Connie Gachunja (jld) [Entry date 10/01/01] 10/2/01 111 DESIGNATION OF EXPERT WITNESSES submitted by defendant Joseph E Speybroeck (jld) [Entry date 10/03/01] 10/29/01 112 ORDER OF REFERRAL by Judge Allen Sharp Referring case to Mag J Christopher A. Nuechterlein for Settlement Conference. Number of pages: 1 (cc: Mag J Nuechterlein, all counsel) (jld) 10/30/01 113 ORDER by Mag J Christopher A. Nuechterlein ;settlement conference 9:30 3/1/02 (South Bend time) before Mag J Christopher A. Nuechterlein; Confidential Settlement Memorandum due 2/27/02 Number of pages: 3 (cc: all counsel) (jld) 12/3/01 114 CERTIFICATE OF SERVICE by plaintiff of Second Requet for Production of Documents to Omega Health Group Inc d/b/a Memorial Home Care Inc (jld) [Entry date 12/04/01] 12/3/01 115 CERTIFICATE OF SERVICE by plaintiff of Second Request for Production of Documents to Joseph E Speybroek & St Joseph County Police Dept (jld) [Entry date 12/04/01] 12/7/01 116 Second Request for Production of Documents to Defendant Paul Moffa Filed by plaintiffs (jld) [Entry date 12/10/01] 12/7/01 117 CERTIFICATE OF SERVICE by plaintiff of Second request for production of documents to Paul Moffa (jld) [Entry date 12/10/01] 1/4/02 118 MOTION by all Plaintiffs & Defendants Joseph E Speybroeck, Omega Health Group, Larry Brown, & Connie Gachunja for Court guidance on damage issue (jld) [Entry date 01/07/02] Docket as of June 14, 2002 5:36 pm Page 20 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 1/7/02 119 MOTION by defendant Joseph E Speybroeck to extend deadline for dispositive motions to/including 2/7/02 (jld) [Entry date 01/08/02] 1/7/02 120 MEMORANDUM AND ORDER: by Judge Allen Sharp denying motion for Court guidance on damage issue [118-1] w/leave to renew. This Court probably will bifurcate the trial of liability and damages to the same jury and will at this time decline to give an advance advisory opinion. Number of pages: 1 (cc: all counsel) (jld) [Entry date 01/08/02] 1/8/02 121 ORDER by Judge Allen Sharp granting motion to extend deadline for dispositive motions to/including 2/7/02 [119-1] dispositive motion ddl set for 2/7/02 Number of pages: 1 (cc: all counsel) (jld) 1/17/02 122 NOTICE: before Judge Allen Sharp ;Jury trial reset on 4/22/02 from 1:30 to 9:30 (cc: all counsel) (saj) 1/25/02 123 MOTION by plaintiffs for order compelling discovery, request to produce as to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department (jld) [Entry date 01/28/02] 1/29/02 124 RESPONSE by defendant Joseph E Speybroeck to motion for order compelling discovery, request to produce as to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department [123-1] (jld) 1/31/02 125 AMENDED CERTIFICATE OF SERVICE by plaintiff of Motion for Order Compelling Discovery, Request to Produce as to Defendants (jld) 2/6/02 126 MOTION by defendant Joseph E Speybroeck for second extension of deadline for dispositive motions to/including 2/11/02 at 11:00 (jld) [Entry date 02/07/02] 2/7/02 127 ORDER by Judge Robert L. Miller Jr granting motion for second extension of deadline for dispositive motions to/including 2/11/02 at 11:00 [126-1] ;dispositive motion ddl set for 11:00 2/11/02 Number of pages: 1 (cc: all counsel) (jld) [Entry date 02/08/02] 2/11/02 128 MOTION by defendant Joseph E Speybroeck for summary judgment (jld) 2/11/02 129 MEMORANDUM by defendant Joseph E Speybroeck in support of motion for summary judgment [128-1] (jld) 2/11/02 130 STATEMENT of material facts by defendant Joseph E Speybroeck in support of motion for summary judgment [128-1] (jld) Docket as of June 14, 2002 5:36 pm Page 21 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 2/11/02 131 STATEMENT OF DESIGNATED EXHIBITS by defendant Joseph E Speybroeck to motion for summary judgment [128-1] (jld) 2/11/02 132 AFFIDAVIT of Joseph E Speybroeck in support of motion for summary judgment [128-1] (jld) 2/11/02 133 AFFIDAVIT of Gary W DeLand in support of motion for summary judgment [128-1] (jld) 2/11/02 134 REPLY by plaintiffs to response/opposition to motion for order compelling discovery, request to produce as to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department [123-1] (jld) 2/13/02 135 REPLY by defendant Joseph E Speybroeck re motion to compel discovery [123-1] (jld) 2/13/02 135 SUPPLEMENTAL RESPONSE by defendant Joseph E Speybroeck re Second Request for Production [116-1] (jld) 2/15/02 136 NOTICE: before Judge Allen Sharp regarding [123-1] ; Motion to Compel Oral Argument set for 2:00 3/8/02 (cc: all counsel) (saj) [Entry date 02/19/02] [Edit date 03/01/02] 2/15/02 137 MOTION by plaintiffs to reopen discovery to take depositions of St Joseph County Police Dept Personnel (jld) [Entry date 02/20/02] [Edit date 03/01/02] 2/15/02 138 RESPONSE by plaintiffs to motion for order compelling discovery, request to produce as to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department [123-1] (jld) [Entry date 02/20/02] [Edit date 03/01/02] 2/21/02 139 ORDER by Judge Allen Sharp on Motion to Compel Discovery hearing on motion to compel discovery reset for 4:30 2/28/02 before Judge Allen Sharp Number of pages: 1 (cc: all counsel) (jld) 2/21/02 140 MEMORANDUM AND ORDER: by Judge Allen Sharp ordering all counsel who intend to participate in the trial of this case meet face-to-face in South Bend and thoroughly and completely discuss all alleged loose ends of discovery. That face-to-face conference is to take place in advance of the oral argument scheduled by this Court on 2/28/02. Number of pages: 2 (cc: all counsel) (jld) 2/21/02 141 MOTION by defendant Joseph E Speybroeck to continue oral argument hearing currently set 3/8/02 (jld) [Entry date 02/22/02] 2/25/02 142 ATTORNEY APPEARANCE for defendant Paul Moffa by James F Korpal (jld) Docket as of June 14, 2002 5:36 pm Page 22 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 2/28/02 143 MOTION by plaintiffs to withdraw to motion for order compelling discovery, request to produce as to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department [123-1] & motion to reopen discovery to take depositions of St Joseph County Police Dept Personnel [137-1] (jld) [Entry date 03/01/02] 2/28/02 144 ORDER by Judge Allen Sharp granting motion to withdraw to motion for order compelling discovery, request to produce to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department [123-1] & motion to reopen discovery to take depositions of St Joseph County Police Dept Personnel [137-1] [143-1] withdrawing motion for order compelling discovery, request to produce as to defendants Joseph E Speybroek, Former Sheriff of St Joseph County and St Joseph County Police Department [123-1], withdrawing motion to reopen discovery to take depositions of St Joseph County Police Dept Personnel [137-1] Number of pages: 1 (cc: all counsel) (jld) [Entry date 03/01/02] 3/1/02 145 ATTORNEY APPEARANCE for defendants Omega Health Group, Larry Brown, Connie Gachunja by Robert G James (not on our form, correct form sent) (jld) [Edit date 03/01/02] 3/1/02 -- SETTLEMENT CONFERENCE HELD: before Christopher A. Nuechterlein (NO SETTLEMENT) (slm) 3/1/02 146 NOTICE: before Judge Allen Sharp ; Oral Argument on all pending motions set for 3:30 3/22/02 (cc: all counsel) (saj) 3/4/02 147 RESPONSE by plaintiffs to motion for summary judgment [128-1] (jld) 3/4/02 148 MOTION by plaintiffs to extend time to file responsive brief & supporting affidavit/documents in opposition to deft Speybroek's motion for summary judgment (jld) 3/5/02 149 ORDER by Judge Allen Sharp granting motion to extend time to file responsive brief & supporting affidavit/documents in opposition to deft Speybroek's motion for summary judgment to/including 3/15/02 [148-1] Number of pages: 1 (cc: all counsel) (jld) 3/11/02 150 ATTORNEY APPEARANCE for Omega Health Group, Larry Brown, Connie Gachunja by Robert G James, Jr (mjk) [Entry date 03/12/02] 3/11/02 151 MOTION by defendant Joseph E Speybroeck for rescheduling of summary judgment hearing to 3/18/02 (mjk) [Entry date 03/12/02] Docket as of June 14, 2002 5:36 pm Page 23 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 3/12/02 152 ORDER by Judge Allen Sharp granting motion for rescheduling of summary judgment hearing to 3/18/02 [151-1], regarding [128-1]; summary judgment motion hearing reset from 3/22/02 to 3/18/02 at 2:30 pm before Judge Allen Sharp. Number of pages: 1 (cc: all counsel) (mjk) 3/15/02 153 OFFER of judgment in the amount of $600,000 filed by defendants; Equivalent Coupon Issue Interest Rate: 2.41% (jld) 3/15/02 154 RESPONSE by plaintiffs to motion for summary judgment [128-1] (jld) 3/18/02 155 ORAL ARGUMENT ON SUMMARY JUDGMENT: before Judge Allen Sharp; Court heard oral argument from all counsel on pending motion for summary judgment; counsel to file any briefs in support this week if they wish to (jld) 3/20/02 156 MEMORANDUM AND ORDER: by Judge Allen Sharp adding official capacity and individual capacity to defendant Speybroeck; the state law claims in the original complaint are now the subject of state court proceedings and not before this Court; the only claims before this Court are the issues of liability and damages including punitive damages; granting motion for summary judgment [128-1] dismissing party Joseph E Speybroeck Number of pages: 8 (cc: all counsel) (jld) 3/22/02 -- TRANSCRIPT filed no. of volumes: 1 for dates: 3/18/02 Court Reporter: Joanne M Hoffman (jld) [Entry date 03/25/02] 3/28/02 157 MOTION by plaintiff to clarify order of 3/20/02 and for reconsideration of order of 3/20/02 (jld) [Entry date 04/01/02] 4/1/02 158 TENTATIVE TRIAL SCHEDULE by Judge Allen Sharp 4/22/02 thru 4/25/02 from 9:30 am - 5:30 pm; 4/26/02 from 9:30 am - 1:30 pm; 4/29/02 from 1:30 pm - 5:30 pm and 4/30/02 & 5/1/02 from 9:30 am - 5:30 pm. Number of pages: 1 (cc: all counsel) (mjk) [Entry date 04/02/02] 4/2/02 159 REPLY by defendant St Joseph County IN, defendant St Joseph Cty PD to response/opposition to motion to clarify order of 3/20/02 [157-1], to motion for reconsideration of order of 3/20/02 [157-2] (mjk) [Entry date 04/03/02] 4/2/02 160 ORDER by Judge Allen Sharp denying motion to clarify order of 3/20/02 [157-1], denying motion for reconsideration of order of 3/20/02 [157-2] Number of pages: 2 (cc: all counsel) (mjk) [Entry date 04/03/02] 4/4/02 161 MOTION by plaintiff Christopher A Moreland for clerk to enter default as to St Joseph County IN w/affidavit (smp) Docket as of June 14, 2002 5:36 pm Page 24 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 4/4/02 162 CLERK'S ENTRY OF DEFAULT as to defendant St Joseph County IN (cc: all counsel) (smp) 4/8/02 163 PROPOSED VOIR DIRE submitted by plaintiffs (jld) [Entry date 04/09/02] 4/8/02 164 LETTER from plaintiffs (w/attached certificate of service with wrong heading) (jld) [Entry date 04/09/02] 4/8/02 165 MOTION by defendant Joseph E Speybroeck to vacate default judgment and for sanctions (jld) [Entry date 04/09/02] 4/10/02 166 ORDER by Judge Allen Sharp setting aside as void the clerk's entry of default as to defendant St Joseph County, Indiana [162-1]; the Court will reserve ruling on the question of sanctions until a later time. Number of pages: 1 (cc: all counsel) (jld) 4/10/02 167 BRIEF On Issues of Damages filed by Erich Dieter, Michael Sawdon w/support that instructions on damages be given to the jury & attached memorandum in support (jld) [Entry date 04/11/02] 4/10/02 168 MOTION by defendants Erich Dieter, Michael Sawdon in limine prohibiting testimony (jld) [Entry date 04/11/02] 4/11/02 169 NOTICE by plaintiff of taking deposition of Robert M Schuman on 4/10/02 at 4:00 (jld) 4/11/02 170 AMENDED CERTIFICATE OF SERVICE of Motion for Clarification of Order & for Reconsideration of Order of 3/20/02 by plaintiffs to letter [164-1] (jld) 4/11/02 171 AMENDED CERTIFICATE OF SERVICE of Affidavit; Non-Military Affidavit & Default by plaintiff to letter [164-1] (jld) 4/11/02 172 RESPONSE by plaintiffs to motion to vacate default judgment and for sanctions [165-1] (jld) [Entry date 04/12/02] 4/11/02 173 CERTIFICATE OF SERVICE by plaintiff of Response to Motion to Vacate Default Judgment (jld) [Entry date 04/12/02] 4/11/02 174 MEMORANDUM: by Judge Allen Sharp suggesting that all counsel secure the recent opinion of the USCA for the Seventh Circuit in Butera v Cottey re: deliberate indifference regarding a pretrial detainee in custody of Sheriff of Marion County. Number of pages: 2 (cc: all counsel) (jld) [Entry date 04/12/02] 4/12/02 175 OBJECTIONS by defendants Erich Dieter, Michael Sawdon to Admission of Video Tape Statements (jld) 4/12/02 176 OBJECTIONS by defendants Erich Dieter, Michael Sawdon to the taking of deposition of Fr Gary Lutzgarten (jld) Docket as of June 14, 2002 5:36 pm Page 25 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 4/12/02 177 EXHIBITS by Erich Dieter, Michael Sawdon to objection to admission of video tape statements [175-1] (jld) 4/15/02 178 ORDER by Judge Allen Sharp granting objection to take deposition of Dr Gary Lutzgarten [176-1] Notice of the deposition of Dr Gary Lutzgarten is set aside, denying objection re video statements taken in 10/1997 [175-1] w/leave to renew and specify the same outside the presence & hearing of the jury during trial. Number of pages: 2 (cc: all counsel) (jld) 4/15/02 179 ORDER by Judge Allen Sharp re the motion filed by defts Dieter & Sawdon. It will be the intent of this Court to generally limit the evidence which will preclude evidence of how these defts may have treated other inmates. Before any effort is made by counsel for pltfs to introduce evidence of the treatment of other inmates by these defts, that subject must be taken up outside the presence of the jury. Number of pages: 2 (cc: all counsel) (jld) [Entry date 04/16/02] 4/16/02 180 ORDER by Judge Allen Sharp informing counsel that this Court is presently conducting a civil jury trial that may extend into the week of 4/22/02. If and only if those circumstances come about, the above case will go over for trial on Tuesday, 5/28/02 at 9:30 (South Bend time) Number of pages: 1 (cc: all counsel) (jld) [Entry date 04/17/02] 4/16/02 181 PROPOSED VOIR DIRE submitted by defendants Erich Dieter, Michael Sawdon (jld) [Entry date 04/17/02] 4/16/02 182 RESPONSE by plaintiffs to objection to the taking of deposition of Dr Gary Lutzgarten [176-1] (jld) [Entry date 04/17/02] 4/16/02 183 MOTION by plaintiffs in limine re: prior criminal acquittal USA v Erich Dieter and Michael Sawdon (jld) [Entry date 04/17/02] 4/16/02 184 MOTION by plaintiffs in limine re: prior criminal history of Christopher Moreland (jld) [Entry date 04/17/02] 4/16/02 185 MOTION by plaintiffs in limine re: prior medical history of Christopher Moreland (jld) [Entry date 04/17/02] 4/16/02 186 SECOND PROPOSED VOIR DIRE submitted by plaintiffs (jld) [Entry date 04/17/02] 4/16/02 187 CERTIFICATE OF SERVICE by plaintiff of Second Proposed Voir Dire (jld) [Entry date 04/17/02] 4/16/02 188 LETTER from plaintiff re: depositon of Dr Lutzgarten (jld) [Entry date 04/17/02] Docket as of June 14, 2002 5:36 pm Page 26 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 4/17/02 189 ORDER by Judge Allen Sharp; The order regarding the deposition of Dr Lutzgarten during trial stands without modification regarding [178-1] Number of pages: 1 (cc: all counsel) (jld) 4/17/02 190 ORDER by Judge Allen Sharp dismissing party St Joseph Cty PD, party St Joseph County IN Number of pages: 2 (cc: counsel) (jld) [Entry date 04/18/02] 4/17/02 -- PROPOSED Pre-trial Order Received from parties (jld) [Entry date 04/18/02] 4/17/02 191 PRE-TRIAL ORDER approved by Judge Allen Sharp : jury trial set for 9:30 4/22/02 (cc: all counsel) Number of pages: 32 (jld) [Entry date 04/18/02] 4/17/02 192 JURY INSTRUCTIONS submitted by defendants Omega Health Group, Connie Gachunja, Larry Brown (jld) [Entry date 04/18/02] 4/17/02 193 VOIR DIRE submitted by defendants Omega Health Group, Connie Gachunja, Larry Brown (jld) [Entry date 04/18/02] 4/17/02 194 CERTIFICATE OF SERVICE by defts Omega Health Group, Connie Gachunja, Larry Brown of Motions in Limine, Answer to Objection (jld) [Entry date 04/18/02] 4/18/02 195 ORDER by Judge Allen Sharp Jury trial reset to 1:30 4/22/02; There will be a Pretrial conference 10:30 4/22/02, Counsel not in attendance at that time and place will NOT be permitted to participate in the trial of this case Number of pages: 2 (cc: all counsel) (jld) 4/18/02 196 JURY INSTRUCTIONS submitted by plaintiff (jld) [Entry date 04/19/02] 4/19/02 197 LIMITED WITNESS list submitted by defendants Omega Health Group, Larry Brown, Connie Gachunja (jld) [Entry date 04/22/02] 4/19/02 198 RESPONSE by defendants Erich Dieter, Michael Sawdon to motion in limine re: prior medical history of Christopher Moreland [185-1], to motion in limine re: prior criminal history of Christopher Moreland [184-1], to motion in limine re: prior criminal acquittal USA v Erich Dieter and Michael Sawdon [183-1] (jld) [Entry date 04/22/02] 4/19/02 200 LIMITED WITNESS list submitted by plaintiff (jld) [Entry date 04/22/02] 4/19/02 201 MOTION by plaintiffs to correcct scrivener's error in pretrial order by adding corrected pages 22 & 23 (jld) [Entry date 04/22/02] Docket as of June 14, 2002 5:36 pm Page 27 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 4/22/02 199 RESPONSE by St Joseph county Prosecutor's Office to subpoena of Mr Drew (mjk) 4/22/02 202 RESPONSE by defendants Erich Dieter, Michael Sawdon to motion to correcct scrivener's error in pretrial order by adding corrected pages 22 & 23 [201-1] (jld) 4/22/02 203 PROPOSED FINAL JURY INSTRUCTIONS submitted by defendants Dieter, Michael Sawdon (jld) 4/22/02 204 OBJECTIONS by defendants Erich Dieter, Michael Sawdon to plaintiff's exhibits (jld) 4/22/02 205 RESPONSE by Erich Dieter, Michael Sawdon to motion in limine re: prior medical history of Christopher Moreland [185-1], to motion in limine re: prior criminal history of Christopher Moreland [184-1], to motion in limine re: prior criminal acquittal USA v Erich Dieter and Michael Sawdon [183-1] (jld) 4/22/02 206 LIMITED WITNESS list submitted by defendants Erich Dieter, Michael Sawdon (jld) 4/22/02 207 LIMITED WITNESS list submitted by Paul Moffa (jld) 4/22/02 208 PROPOSED FINAL JURY INSTRUCTIONS submitted by defendant Paul Moffa (jld) 4/22/02 209 JURY TRIAL (Day 1): before Judge Allen Sharp finding the motion in limine re: prior medical history of Christopher Moreland [185-1] moot., finding the motion in limine re: prior criminal history of Christopher Moreland [184-1] moot., granting motion in limine re: prior criminal acquittal USA v Erich Dieter and Michael Sawdon [183-1], finding the motion to vacate default judgment and for sanctions [165-1] moot; Oral motion to dismiss deft Larry Brown Granted; Opening statements heard; 8 jurors sworn; Pltf asks for sep of witnesses - granted. (saj) [Entry date 04/23/02] 4/23/02 210 ORDER SEQUESTERING jury during day only (meals will be furnished) by Judge Allen Sharp Number of pages: 1 (cc: all counsel) (saj) 4/23/02 211 JURY TRIAL (Day 2): before Judge Allen Sharp; pltf begins evidence - 1 witness. Pltfs do not rest. Trial contd to 4/24/02 at 9:30 (saj) [Entry date 04/24/02] 4/23/02 212 JURY TRIAL (DAY 3): before Judge Allen Sharp; Pltf resumes, 5 witnesses called; 3 video tapes & 1 cassette tape played (jld) [Entry date 04/25/02] Docket as of June 14, 2002 5:36 pm Page 28 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 4/24/02 213 CERTIFICATE OF SERVICE by plaintiffs of Requested Jury Instructions (jld) [Entry date 04/25/02] 4/24/02 214 MOTION by plaintiffs to compel St Joseph County Sheriff & St Joseph County Jail to comply w/subpoena issued to Dana Lamar Sousley, Jr to appear at trial (jld) [Entry date 04/25/02] 4/25/02 215 JURY TRIAL (DAY 4): before Judge Allen Sharp; pltf continues evidence; video tapes NN, B, A, 8 & 8A played (jld) 4/26/02 216 JURY TRIAL (day 5): before Judge Allen Sharp; Conference in chambers, all counsel present, 9:20-9:30 dismissing party Connie Gachunja, party Omega Health Group; pltf resumes; cassette tape #98 played. Court resumes 9:30 on 4/29/02 (jld) [Edit date 04/29/02] 4/26/02 217 ORDER by Judge Allen Sharp dismissing party Connie Gachunja party Omega Health Group Number of pages: 1 (cc: all counsel) (jld) [Entry date 04/29/02] 4/26/02 218 ORDER by Judge Allen Sharp granting motion to compel St Joseph County Sheriff & St Joseph County Jail to comply w/subpoena issued to Dana Lamar Sousley, Jr to appear at trial [214-1] Number of pages: 1 (cc: all counsel) (jld) [Entry date 04/29/02] 4/29/02 219 MOTION by plaintiffs to compel appearance of a material witness at trial (jld) [Entry date 04/30/02] 4/29/02 220 MEMORANDUM by plaintiffs in support of motion to compel appearance of a material witness at trial [219-1] (jld) [Entry date 04/30/02] 4/29/02 221 JURY TRIAL (day 6): before Judge Allen Sharp: Pltf resumes. videotapes B, A, EEE, 110 played. Trial contd to 4/30/02 at 9:30 (jld) [Entry date 04/30/02] 4/30/02 222 ORDER by Judge Allen Sharp granting motion to compel appearance of a material witness at trial [219-1] Number pages: 1 (cc: USM 3-cert, all counsel) (jld) 4/30/02 223 JURY TRIAL (day 7): before Judge Allen Sharp; Pltf resumes, 7 witnesses sworn, videotapes AAA, 8c, & FFF played; trial contd to 9:30 5/1/02 (jld) [Entry date 05/01/02] 4/30/02 224 MOTION by plaintiffs to convene settlement conference w/the County Board of Commissioners & their insurers (jld) [Entry date 05/01/02] Docket as of June 14, 2002 5:36 pm Page 29 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 5/1/02 225 MEMORANDUM AND ORDER: by Judge Allen Sharp denying motion to convene settlement conference w/the County Board of Commissioners & their insurers [224-1] as both St Joseph County & the Sheriff of St Joseph County are no longer parties to this case and the Court is without authority to order them to do anything with reference to this case. Number of pages: 3 (cc: all counsel) (jld) 5/1/02 226 JURY TRIAL (day 8): before Judge Allen Sharp; Plaintiff continues. 4 witnesses called. Videotapes 8, 17 played. Pltf moves to admit exh 87,88,89 Admitted after arguments heard. (jld) [Entry date 05/02/02] 5/2/02 227 NOTICE OF APPEAL by plaintiff from Dist. Court decisions [156-2], [160-1], [190-2] (cc: all counsel & Judge Sharp) (jld) 5/2/02 -- Appeal filing fee by plaintiffs (jld) 5/2/02 228 LETTER to appellant re: docketing statement not filed (jld) 5/2/02 229 JURY TRIAL (day 9): before Judge Allen Sharp; Pltf continues, 2 witnesses called. Deft Moffa goes on record that he will not invoke 5th Amendment right; Deft Sawdon goes on record that he will invoke 5th Amendment right. Judge speaks on matter of testimony of Deft Sawdon. Arguments heard re: 5th Amendment. (jld) [Entry date 05/03/02] 5/3/02 230 JURY TRIAL (day 10): before Judge Allen Sharp; Arguments heard re: 5th Amendment & testimony from deft Sawdon; pltf continues, evidence admitted, Pltf rests. Defts motion for judgment on the evidence - Denied. Judge instructs jury on 5th amendment. Defts Dieter & Sawdon begin arguments; 6 witnesses called; Deft Moffa rests. Defts Dieter & Sawdon admit evidence. Defts Dieter & Sawdon rest. Jury instructions gone over. Pltf objects to #9 - #9 changed. Each side given 1 1/2 hrs for closing arguments. Contd to 9:30 5/6/02. (jld) [Entry date 05/06/02] 5/6/02 231 Short record sent to USCA consisting of: Notice of Appeal; 7th circuit info sheet; docket #156, #160, #190; docket sheet (jld) 5/6/02 232 JURY TRIAL (day 11): before Judge Allen Sharp; Objection to instruction #7 by pltf - denied; Closing arguments heard; 2 bailiffs sworn & jury directed to start deliberations; Jury panel returns a verdict for pltfs & against defts Dieter & Sawdon only. No decision returned as to deft Moffa. Jury panel to continue w/deliberations as to Deft Moffa on 5/7/02 at noon. (Court Reporter: Spromberg) (jld) [Entry date 05/07/02] 5/6/02 233 COURT'S FINAL JURY INSTRUCTIONS 1-19 (jld) Docket as of June 14, 2002 5:36 pm Page 30 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL [Entry date 05/07/02] 5/6/02 234 VERDICT for plaintiffs against defendant Erich Dieter (jld) [Entry date 05/07/02] 5/6/02 235 VERDICT for plaintiffs against defendant Michael Sawdon (jld) [Entry date 05/07/02] 5/6/02 236 JURY NOTES filed (2) (jld) [Entry date 05/07/02] 5/7/02 237 JURY TRIAL (day 12): before Judge Allen Sharp; Jury returned to deliberations; Hrg had re: jury deadlock - jury returned to deliberations; Hrg w/regards to claims against deft Moffa - Mistrial delcared; Damages contd to 9:30 5/8/02 as to defts Dieter & Sawdon (jld) [Entry date 05/09/02] 5/7/02 238 JURY NOTES filed (2) (jld) [Entry date 05/09/02] 5/7/02 239 LETTER from plaintiffs (jld) [Entry date 05/09/02] 5/8/02 240 ORDER by Judge Allen Sharp dismissing claims of plaintiffs Evie Moreland & Garrett Moreland; those claims are not now before the jury Number of pages: 1 (cc: all counsel) (jld) [Entry date 05/09/02] 5/8/02 241 JURY TRIAL (day 13): before Judge Allen Sharp; Opening statements on damages heard; Pltf begins evidence - 4 witnesses called; Deft requests Dieter & Sawdon to testify - denied; Pltf rests; Deft rests; jury excused to return 9:30 5/9/02; Instructions finalized. (jld) [Entry date 05/09/02] 5/8/02 242 MOTION by Omega Health Group, Connie Gachunja for attorney Steven D Pearson to appear pro hac vice (jld) [Entry date 05/10/02] [Edit date 05/10/02] 5/8/02 243 MOTION by plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, Evie Moreland, and defendants Omega Health Group, Connie Gachunja for Good Faith Finding and Settlement Bar Order (jld) [Entry date 05/10/02] 5/8/02 244 MOTION by defendants Omega Health Group, Connie Gachunja to vacate dismissal order, or to amend the dismissal order (jld) [Entry date 05/10/02] 5/8/02 245 JOINT MOTION by plaintiffs Christopher A Moreland, Gary R Moreland, Linda Tuttle, Gary R Moreland, Linda Tuttle, Garrett Moreland, Evie Moreland, defendants Omega Health Group, Connie Gachunja for protective order in connection w/their settlement (jld) [Entry date 05/10/02] Docket as of June 14, 2002 5:36 pm Page 31 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 5/9/02 246 ORDER by Judge Allen Sharp granting motion for attorney Steven D Pearson to appear pro hac vice [242-1] Number of pages: 1 (cc: all counsel) (jld) [Entry date 05/10/02] 5/9/02 247 AMENDMENT by plaintiff to appeal [227-1] (jld) [Entry date 05/10/02] 5/9/02 248 COURT'S JURY INSTRUCTIONS submitted (jld) [Entry date 05/10/02] 5/9/02 249 JURY TRIAL (day 14 - final day): before Judge Allen Sharp; parties give closing arguments on damages; instructions read to jury; new bailiff sworn; jury begins deliberations; jury returns w/2 questions; jury returns verdict on damages against the pltfs; Jury discharged w/thanks of court (cc: all counsel) (jld) [Entry date 05/10/02] 5/9/02 250 JURY NOTES filed (2) (jld) [Entry date 05/10/02] 5/9/02 251 VERDICT for plaintiffs against defts Erich Dieter, Michael Sawdon in the amount of $29,000,000.00 for compensatory damages; against deft Dieter in the amount of $12,500,000.00 in punitive damages; and against deft Sawdon in the amount of $15,000,000.00 in punitive damages (jld) [Entry date 05/10/02] 5/9/02 252 CLERK'S ENTRY OF JUDGMENT for plaintiffs against Erich Dieter, Michael Sawdon regarding [251-1] in the amount of $ 56,500,000.00 Equivalent Coupon Issue Rate: 2.33% (cc: all counsel) (jld) [Entry date 05/10/02] 5/10/02 253 Short record sent to USCA on amended notice of appeal: 7th Circuit Info Sheet; Amended Notice of Appeal; document #156, 160, 166, 190; docket sheet (jld) 5/10/02 254 TRANSCRIPT DESIGNATION and Ordering Form for dates: 3/18/02 regarding [227-1] (jld) [Entry date 05/11/02] 5/14/02 255 NOTIFICATION by Circuit Court of Appellate Docket Number 02-2185 (re appeal [227-1]) (mjk) [Entry date 05/15/02] [Edit date 05/20/02] 5/15/02 256 MEMORANDUM AND ORDER: by Judge Allen Sharp denying motion to vacate or amend dismissal order [244-1], [244-2]; approving motion for protective order in connection settlement [245-1] with exception that it does not bind this court; denying motion for Good Faith Finding and Settlement Bar Order [243-1] without prejudice to renew at an appropriate time. Number of pages: 2 (cc: all counsel) (mjk) [Entry date 05/16/02] 5/17/02 257 NOTIFICATION by Circuit Court of Appellate Docket Number 02-2238 (re amended appeal [247-1] (mjk) [Entry date 05/20/02] Docket as of June 14, 2002 5:36 pm Page 32 Proceedings include all events. 3:99cv607 Moreland, et al v. Speybroeck, et al APPEAL 5/20/02 258 VERIFIED MOTION by plaintiffs for entry of final judgment, FRCP 54(b) as to Joseph E Speybroeck, individually and in his official capacity, Sheriff of St. Joseph County and St. Joseph County Indiana, a public entity (mjk) [Entry date 05/21/02] 5/21/02 259 MOTION by plaintiffs to extend time until close of business 6/21/02 to fole motion for costs and attorneys fees Rule 54(d) (mjk) [Entry date 05/22/02] 5/21/02 260 CERTIFICATE OF SERVICE by plaintiffs of verified motion for entry of final judgment, FRCP 54(b) (mjk) [Entry date 05/22/02] 5/22/02 261 MOTION by defendant Joseph E Speybroeck for costs (mjk) [Entry date 05/23/02] 5/22/02 262 RESPONSE by plaintiff to motion of defendant Speybroeck for costs [261-1] (mjk) [Entry date 05/23/02] 5/28/02 263 ORDER by Judge Allen Sharp granting motion to extend time until close of business 6/21/02 to file motion for costs attorneys fees Rule 54(d) [259-1] Number of pages: 1 (cc: all counsel) (jld) 6/5/02 264 NOTICE: before Judge Allen Sharp regarding [261-1] ; 5/22/02 motion for fees set for oral argument at 4:00 on 7/11/02 (cc: all counsel) (saj) 6/5/02 265 REPLY by defendant Joseph E Speybroeck to response/ opposition to motion for costs [261-1] (jld) [Entry date 06/06/02] 6/10/02 266 NOTICE OF APPEAL by defendants Omega Health Group, Connie Gachunja from Dist. Court decision [256-1], [217-2] (cc: all counsel) (jld) [Entry date 06/11/02] 6/11/02 267 Short record sent to USCA on Omega Appeal consisting of: Notice of Appeal, 7th Circuit Info Sheet, 5/15/02 order, 4/26/02 order, 5/8/02 motion, docket sheet (jld) 6/13/02 268 LETTER from plaintiff re: status of Motion for Entry of Final Judgment (jld) [Entry date 06/14/02] [END OF DOCKET: 3:99cv607]