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U.S. District Court

Northern District of Iowa (Waterloo)

CIVIL DOCKET FOR CASE #: 00-CV-2008

Greiner, et al v. Black Hawk County IA, et al

Filed: 01/21/00
Assigned to: Senior Judge Edward J McManus
Jury demand: Both
Demand: $0,000
Nature of Suit: 440
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 28:1983 Civil Rights





GREGORY F GREINER, as             Thomas P Frerichs
Administrator of the Estate of    **FAX ATTY
est                               [COR LD NTC]
David Price                       Frerichs Law Office PC
     plaintiff                    751 Progress Avenue
                                  PO Box 328
                                  Waterloo, IA 50704-0328
                                  319 236 7204
                                  FTS 236 7206
                                  Bruce M Wilkinson
                                   [term  05/30/01] 
                                  **FAX ATTY
                                  [COR LD NTC phv]
                                  Maria Sperando
                                  **FAX ATTY
                                  [COR LD NTC phv]
                                  Paul D Mark Lucas
                                  **FAX ATTY
                                  [COR LD NTC phv]
                                  Gary Williams Parenti Finney
                                  Lewis McManus Watson & Sperando
                                  Waterside Professional Building
                                  221 East Osceola Street
                                  Stuart, FL 34994
                                  772 283 8260
                                  FTS 283 9417
JUDITH R BENSON, f/k/a
Administrator of Estate of
David Price
     plaintiff
 [term  11/20/01]
   v.
BLACK HAWK COUNTY, IA             Steven L Serck
     defendant                    **FAX ATTY
                                  [COR LD NTC]
                                  Ahlers Cooney Dorweiler Haynie
                                  Smith & Allbee
                                  100 Court Avenue
                                  Suite 600
                                  Des Moines, IA 50309-2231
                                  515 243 7611
                                  FTS 243 2149
                                  Raymond R Stefani, II
                                  **FAX ATTY
                                  [COR LD NTC]
                                  Gray, Stefani & Mitvalsky, PLC
                                  200 American Building
                                  PO Box 456
                                  Cedar Rapids, IA 52406-0456
                                  319 364 1535
                                  FTS 364 1562
MICHAEL KUBIK, as duly elected    Steven L Serck
Sheriff of Black Hawk County,     (See above)
Iowa                              [COR LD NTC]
     defendant
                                  Raymond R Stefani, II
                                  (See above)
                                  [COR LD NTC]




DOCKET     PROCEEDINGS


DATE     #                   DOCKET     ENTRY


1/21/00  1       NOTICE OF REMOVAL w/ State Ct documents from Black Hawk
                 County-ON, Petition, JURY DEMAND, and Acceptance of Service
                 (notice, consents, LR16/41 and Rpt form to all counsel &
                 w/AO #1451 to deft atty) SCHEDULING REPORT due on 6/9/00 (mj)


1/21/00  2       NOTICE OF FILING NOTICE OF REMOVAL by defendant (mj)


1/21/00  3       RECEIPT  # 110006  in the amount of $ 150.00 (mj)


1/21/00  4       CERTIFICATE PURSUANT TO L.R. 81.1 STATEMENT by defendant
                 regarding removal complaint [1-1] (mj)


2/25/00  5       ANSWER by defendants re petition [1-1] (mj)


3/3/00   6       MOTION by plaintiff for attorney Bruce M. Wilkinson to
                 appear pro hac vice assigned to Clerk (mj)


3/3/00   7       ORDER granting plaintiff's motion for attorney Bruce M.
                 Wilkinson to appear pro hac vice [6-1] on condition that
                 counsel pay the required pro hac vice admission fee (cc: all
                 counsel) (mj) [Edit date 03/03/00]


3/17/00  8       RECEIPT # 110408 in the amount of $ 30.00 pro hac vice fee
                 for plaintiff attorney Bruce Wilkinson (mj)


6/20/00  --      SCHEDULING REPORT AND DISCOVERY PLAN; scheduling report ddl
                 satisfied (mp)


6/20/00  9       SCHEDULING ORDER by Chief Mag Judge John A. Jarvey
                 Additional Parties due August 1, 2000; Motions to Amend ddl
                 January 1, 2001; Plaintiff Experts ddl on September 1, 2000;
                  Defendant Experts ddl November 1, 2000; Plaintiff Rebuttal
                 Experts due December 1, 2000; DISCOVERY DDL 2/15/2001;
                 DISPOSITIVE MOTION FILING DDL 1/1/2001; TRIAL READINESS DDL
                 5/21/2001 (cc: all counsel) (debr) [Entry date 06/21/00]


6/22/00  10      MOTION by defendant to file first amended and substituted
                 answer and defenses (amended answer attached) assigned to
                 Chief Mag Judge John A. Jarvey (mp)


7/12/00  11      ORDER by Chief Mag Judge John A. Jarvey Granting Motion to
                 file first amended and substituted answer and defenses
                 [10-1] (cc: all counsel) (debr)


7/12/00  12      FIRST AMENDED AND SUBSTITUTED ANSWER AND DEFENSES (RE:
                 Answer) [5-1] by Defendant (debr)


8/3/00   13      NOTICE by plaintiff of additional plaintiff and perceived
                 conflict assigned to Chief Mag Judge John A. Jarvey (mj)


8/3/00   14      RESISTANCE by defendant to extension of deadline for adding
                 parties and request for additional plaintiff and perceived
                 conflict [13-1] (mj)


8/17/00  15      ORDER by Chief Mag Judge John A. Jarvey: COunsel for
                 plaintiff's request for a hearing concerning potential
                 additional plaintiff [13-1] is denied (cc: counsel) (mj)


9/5/00   16      DESIGNATION OF EXPERT WITNESS(ES) by plaintiff Judith R
                 Benson (deve)


9/8/00   17      MOTION to compel discovery by defendant assigned to Chief
                 Mag Judge John A. Jarvey (mp)


10/11/00 18      ORDER by Chief Mag Judge John A. Jarvey granting
                 defendants' unresisted 9/8/00 motion to compel discovery
                 [17-1]; plaintiff shall provide all discovery compelled by
                 this order on or before 10/20/00 (cc: all counsel) (mj)


10/26/00 19      MOTION by defendants for additional time to designate
                 experts assigned to Chief Mag Judge John A. Jarvey (mj)


11/27/00 20      MOTION by defendants for sanctions   assigned to Chief
                 Mag Judge John A. Jarvey (mj)


12/4/00  21      DISCLOSURE OF EXPERT WITNESS(ES) by defendants (mj)


12/7/00  22      ORDER by Chief Mag Judge John A. Jarvey setting Telephonic
                 Hearing on Motion for Sanctions [20-1] at 9:00 am on
                 12/21/00; granting defendants' motion for additional time
                 to designate experts [19-1]; defendants designation of
                 experts filed 12/4/00 is deemed timely filed (cc: all
                 counsel) (mj)


12/18/00 23      SUPPLEMENT by defendants in support of motion for sanctions
                 [20-1] (mj)


12/21/00 24      CLERK'S COURT MINUTES: from Motion for Sanctions Hearing
                 held on December 21, 2000 before Chief Mag Judge John A.
                 Jarvey; ruling reserved on [20-1] motion for sanctions
                 Court Reporter Kay Carr (mj)


12/29/00 25      MOTION by defendants for 60-day time extension to file
                 dispositive motions assigned to Chief Mag Judge John A.
                 Jarvey (mj)


1/4/01   26      SHORTHAND NOTES of  OCR Kay C. Carr constituting official
                 record of Telephonic Hrg. held  on 12/21/00 (dp)


2/16/01  27      MOTION by defendants for summary judgment and for oral
                 argument  assigned to Senior Judge Edward J. McManus (mj)


2/16/01  28      BRIEF FILED by defendant re motion for summary judgment
                 [27-1] and for oral argument [27-2] (mj)


2/16/01  29      STATEMENT of Undisputed Facts  by defendants in support of
                 motion for summary judgment [27-1] and motion for oral
                 argument [27-2] (mj)


2/16/01  30      MOTION by defendants to extend discovery deadlines
                 assigned to Chief Mag Judge John A. Jarvey (mj)


3/26/01  31      MOTION by plaintiff to extend time to respond to
                 defendant's motion for summary judgment assigned to Chief
                 Mag Judge John A. Jarvey (mj)


3/26/01  32      MOTION by plaintiff to extend discovery deadlines
                 assigned to Chief Mag Judge John A. Jarvey (mj)


3/28/01  33      BRIEF IN RESISTANCE by defendant to motion to extend time
                 to respond to defendant's motion for summary judgment
                 [31-1] (mj)


4/2/01   34      SECOND MOTION by defendant to extend discovery deadlines
                 assigned to Chief Mag Judge John A. Jarvey (mj)


4/5/01   35      ORDER by Chief Mag Judge John A. Jarvey granting
                 defendants' motion for sanctions [20-1]; Atty Wilkinson
                 shall pay defendant $1,000 discovery sanction; denying as
                 moot defendants' motion for 60-day time extension to file
                 dispositive motions [25-1]; granting defendants' motion to
                 extend discovery deadlines [30-1] [34-1]; the time for
                 completion of discovery is extended to 5/2/01; granting
                 plaintiff's motion for extension [31-1], plaintiff shall
                 have to 4/16/01 to resist defendants' motion for summary
                 judgment (cc: all counsel) (mj)


4/13/01  36      MOTION by plaintiff for additional time to extend
                 discovery and respond to summary judgment assigned to
                 Chief Mag Judge John A. Jarvey (mj)


4/17/01  37      BRIEF IN RESISTANCE by defendants to plaintiff's second
                 motion for additional time to extend discovery and respond
                 to summary judgment [36-1] (mj)


4/23/01  38      ORDER by Chief Mag Judge John A. Jarvey denying motion for
                 additional time to extend discovery and respond to summary
                 judgment [36-1]; plaintiff shall file a resistance to
                 pending motion for summary judgment forthwith (cc: all
                 counsel) (mj)


4/24/01  39      MOTION by plaintiff for attorney Maria Sperando to appear
                 pro hac vice assigned to Clerk (mj)


4/24/01  40      MOTION by plaintiff for attorney Paul D. Mark Lucas to
                 appear pro hac vice   assigned to Clerk (mj)


4/24/01  41      ORDER granting plaintiff's motion for attorney Maria
                 Sperando to appear pro hac vice [39-1], granting motion for
                 attorney Paul D. Mark Lucas to appear pro hac vice [40-1]
                 on the condition they pay the required admission fee (cc:
                 all counsel) (mj)


5/4/01   42      RECEIPT  # 113654  in the amount of $ 60.00 pro hac vice
                 fees for plaintiff attorneys Maria Sperando and Paul D.
                 Mark Lucas (mj)


5/9/01   43      RESPONSE by plaintiff to defendants' statement of
                 undisputed facts in support of  motion for summary judgment
                 [27-1] (mj)


5/10/01  44      REPLY by defendant to plaintiff's response to defendants'
                 statement of undisputed facts in support of motion for
                 summary judgment [27-1] (mj)


5/21/01  45      RESPONSE by plaintiff to motion for summary judgment [27-1]
                 and request for oral argument [27-2] (mj)


5/21/01  46      MEMORANDUM IN OPOOSITION by plaintiff to the motion for
                 summary judgment [45-1] (mj)


5/25/01  47      MOTION by plaintiff to amend complaint   assigned to
                 Chief Mag Judge John A. Jarvey w/AMENDED COMPLAINT (mj)


5/29/01  48      MOTION by defendants to strike (memo in opposition to
                 motion for summary judgment) assigned to Senior Judge
                 Edward J. McManus (mj)


5/29/01  49      BRIEF FILED by defendant in support of motion to strike
                 [48-1] (mj)


5/29/01  50      MOTION by defendant for leave to file over-length brief
                 assigned to Clerk (mj)


5/29/01  51      ORDER granting defendnats' 5/29/01 motion for leave to file
                 over-length brief [50-1] (cc: all counsel) (mj)


5/29/01  52      REPLY by defendants to plaintiff's preliminary memorandum
                 in opposition to motion for summary judgment [27-1] (mj)


5/30/01  53      MOTION by plaintiff for continuance of decision on motion
                 for summary judgment assigned to Mag Judge John A. Jarvey
                 (mj) [Edit date 05/30/01]


5/30/01  54      NOTICE by plaintiff attorney that Attorney Bruce Wilkinson
                 is no longer with firm; Paul D. Mark Lucas replaces him;
                 (termed Attorney Wilkinson 5/30/01) (mj)


5/31/01  55      RESISTANCE by defendants Black Hawk County IA, and Michael
                 Kubik to motion to amend complaint [47-1] (deve)


6/4/01   56      NOTICE OF FILING w/Affidavit of W. Ken Kataris in by
                 plaintiff in Opposition to Motion for Summary Judgment
                 [27-1] (mj)


6/7/01   57      RESISTANCE by defendant to motion for continuance of
                 decision on motion for summary judgment [53-1] (mj)


6/7/01   58      STATEMENT OF FACTS IN RESPONSE by plaintiff defendant's to
                 motion for summary judgment [27-1] (w/EXHIBITS HOUSED
                 SEPARATELY) (mj)


6/12/01  59      RESPONSE by plaintiff to defendants' resistance to
                 plaintiff's motion to amend complaint [47-1] (mj)


6/15/01  60      MOTION by defendant to strike   assigned to Senior Judge
                 Edward J. McManus (mj)


6/15/01  61      BRIEF FILED by defendant in support of motion to strike
                 plaintiff's statement of facts in response to defendants'
                 motion for summary judgment [60-1] (mj)


6/15/01  62      MOTION by defendant for leave to file overlength brief in
                 reply to plaintiff's statement of facts in response to
                 defendants' motion for summary judgment assigned to Clerk
                 (mj)


6/15/01  63      ORDER granting defendants' motion for leave to file
                 overlength brief in reply to plaintiff's statement of facts
                 in response to defendants' motion for summary judgment
                 [62-1] (cc: all counsel) (mj)


6/15/01  64      REPLY by defendants to resistance to plaintiff's statement
                 of acts in plaintiff's response to defendants' motion for
                 summary judgment [27-1] (mj)


6/15/01  65      APPENDIX filed by defendants in support of motion reply
                 [64-1] (HOUSED SEPARATELY) (mj)


6/18/01  66      ORDER  by Chief Mag Judge John A. Jarvey  denying motion to
                 amend complaint [47-1]  (cc: all counsel) (deve)


6/19/01  67      RESISTANCE by plaintiff to motion to strike (memo in
                 opposition to motion for summary judgment) [48-1] (mp)


6/19/01  68      AFFIDAVIT by plaintiff in support of resistance to motion
                 [67-1] to strike (memo in opposition to motion for summary
                 judgment) [48-1] (mp)


6/21/01  69      SUPPLEMENT response by plaintiff re motion to amend
                 complaint [47-1] (gc)


6/22/01  70      REPLY by defendant to resistance [67-1], to motion to
                 strike (memo in opposition to motion for summary judgment)
                 [48-1] (mp)


6/22/01  71      NOTICE OF FILING AFFIDAVIT of Dennis F. Koson, MD filed by
                 plaintiff IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
                 [27-1] (mp)


6/22/01  72      RESPONSE IN OPPOSITION by plaintiff to defendants motion to
                 strike statement of facts [60-1] (mp)


6/26/01  73      REPLY by defendant's to plaintiff's resistance to
                 defendant's motion to strike [60-1] (dp)


6/26/01  74       APPEAL FROM MAGISTRATE'S ORDER  RE:  order [66-1]  by
                 plaintiff Judith R Benson (dp)


6/27/01  75      MOTION by defendant to strike affidavit of Dennis F.
                 Koson, M.D. assigned to Senior Judge Edward J. McManus (dp)


6/27/01  76      BRIEF IN SUPPORT FILED by defendant's re motion to strike
                 affidavit of Dennis F. Koson, M.D. [75-1] (dp)


7/9/01   77      RESPONSE by plaintiff to motion to strike affidavit of
                 Dennis F. Koson, M.D. [75-1] (mj)


7/9/01   78      BRIEF IN OPPOSITION FILED by plaintiff to strike affidavit
                 of Dennis K. Koson, MD [77-1] (mj)


7/9/01   79      MOTION by plaintiff for substitution of expert witness
                 assigned to Chief Mag Judge John A. Jarvey (mj)


7/9/01   80      RESPONSE TO PLAINTIFF'S OBJECTIONS by defendant to APPEAL
                 FROM MAGISTRATE'S ORDER [66-1] [74-1] (mj)


7/12/01  81      REPLY by defendants to plaintiff's opposition to defendants
                 motion to strike affidavit of Dennis F. Koson, M.D. [75-1]
                 (mj)


7/12/01  82      RESISTANCE by defendants to plaintiff's motion for
                 substitution of expert witness [79-1] (mj)


7/26/01  83      REPLY by plaintiff to defendant's resistance to motion for
                 substitution of expert witness [79-1] (mj)


10/1/01  84      ORDER by Senior Judge Edward J. McManus:  Plaintiff shall
                 be permitted to file an Amended Complaint; Clerk shall
                 detach and file plaintiff's Amended Complaint appended to
                 Docket #47; all remaining motions shall be denied without
                 prejudice to reassertion [27-2] [27-1] [48-1] [53-1] [66-1]
                 [74-1] [75-1] (cc: all counsel) (mj)


10/1/01  85      AMENDED COMPLAINT by plaintiff (Filed per Order of 10/1/01)
                 (mj)


10/9/01  86      MOTION by defendant to extend time (30-day) to respond to
                 amended complaint assigned to Chief Mag Judge John A.
                 Jarvey (gc)


10/9/01  87      ORDER  by Chief Mag Judge John A. Jarvey  granting  motion
                 for substitution of expert witness [79-1]  (cc: all
                 counsel) (gc)


10/29/01 88      BRIEF IN RESISTANCE by defendant to motion to extend time
                 to respond to amended complaint [86-1] (mj)


10/29/01 89      MOTION by defendant for leave to designate medical
                 malpractice expert assigned to Chief Mag Judge John A.
                 Jarvey (mj)


10/29/01 90      MOTION by defendants to dismiss plaintiff's negligence
                 claims and request for oral argument assigned to Senior
                 Judge Edward J. McManus (mj) [Edit date 10/29/01]


10/29/01 91      BRIEF FILED by defendant in support of motion to dismiss
                 plaintiff's negligence claims [90-1] [90-2] (mj)


10/29/01 92      MOTION by plaintiff to extend time for discovery assigned
                 to Chief Mag Judge John A. Jarvey (mj)


10/29/01 93      MOTION by plaintiff for substitute of name of plaintiff
                 assigned to Chief Mag Judge John A. Jarvey (mj)


11/5/01  94      AMENDED MOTION by plaintiff re motion for substitute of
                 name of plaintiff [93-1] (mj)


11/9/01  95      RESISTANCE by plaintiff to defendants' motion for leave to
                 designate medical malpractice expert [89-1] (mj)


11/13/01 96      RESISTANCE by plaintiff to defendnats' motion to dismiss
                 complaint, in part [90-1] (mj)


11/13/01 97      MEMORANDUM by defendant in support of resistance to
                 defendants' motion to dismiss complaint, in part [96-1] (mj)


11/15/01 98      REPLY by defendants to plaintiff's resistance to
                 defendants' motion to dismiss plaintiff's negligence claims
                 [90-1] (mj)


11/20/01 99      ANSWER by defendant to plaintiff's ameded complaint [85-1];
                 and jury demand (mj)


11/20/01 100     ORDER by Chief Mag Judge John A. Jarvey granting motion to
                 extend time [86-1], defendants' 10/29/01 motion to dismiss
                 is deemed timely filed; granting motion for leave to
                 designate expert [89-1]; defendants' medical malpractice
                 expert ddl 12/21/01; granting motion to extend time for
                 discovery [92-1]; granting motion for substitute of name of
                 plaintiff [93-1]; DISCOVERY DDL 2/15/02 (cc: all counsel)
                 (mj)


12/17/01 101     ORDER by Senior Judge Edward J. McManus: Motion to Dismiss
                 [90-1] is denied without prejudice to reassertion; case
                 shall be dismissed unless plaintiff files a Second Amended
                 Complaint by 1/2/02 (cc: all counsel) (mj)


12/21/01 102     SECOND DISCLOSURE OF EXPERT WITNESS(ES) by defendants (mj)


12/24/01 103     RESPONSE by plaintiff to defendants' affirmative defenses
                 [99-1] (mj) [Entry date 12/26/01]


12/28/01 104     MOTION to extend time in which to file second amended
                 complaint by plaintiff assigned to Chief Mag Judge John A.
                 Jarvey (dp)


12/28/01 105     ORDER  by Chief Mag Judge John A. Jarvey  granting  motion
                 to extend time in which to file second amended complaint
                 [104-1] to and including 1/15/02  (cc: all counsel) (gc)


1/8/02   106     SECOND AMENDED COMPLAINT RE: [85-1] by plaintiff (Gregory
                 F. Greiner, as Administrator of the Estate of David Price)
                 (mj)


1/14/02  107     MOTION by plaintiff for substitution of party assigned to
                 Chief Mag Judge John A. Jarvey (mj)


2/8/02   108     PARTIAL ANSWER by defendants to Second Amended Petition
                 [106-1] (mj)


2/8/02   109     MOTION by defendants to dismiss plaintiff's loss of
                 consortium claims and request for oral argument assigned
                 to Senior Judge Edward J. McManus (mj)


2/8/02   110     BRIEF FILED by defendants in support of motion to dismiss
                 plaintiff's loss of consortium claims [109-1] and motion
                 request for oral argument [109-2] (mj)


2/12/02  111     MOTION (JOINT) by plaintiff, defendant for extension of
                 discovery deadline assigned to Chief Mag Judge John A.
                 Jarvey (mj)


2/13/02  112     ORDER by Chief Mag Judge John A. Jarvey granting motion for
                 extension of discovery deadline [111-1]; DISCOVERY DDL
                 extended to 4/19/02 with the express proviso that Jack
                 Roehr's depo may be taken in May or June 2002 (cc: all
                 counsel) (mj)


2/22/02  113     ORDER by Chief Mag Judge John A. Jarvey granting
                 plaintiff's motion for substitution of party [107-1] (cc:
                 all counsel) (mj)


2/25/02  114     RESISTANCE by plaintiff to motion to dismiss plaintiff's
                 loss of consortium claims [109-1] w/request for oral
                 argument [109-2] (mj)


2/25/02  115     MEMORANDUM by plaintiff in support of response to motion to
                 dismiss plaintiff's loss of consortium claims[114-1] (mj)


2/26/02  116     SUPPLEMENTAL DESIGNATION OF EXPERT WITNESS(ES) by plaintiff
                 Gregory F Greiner (mj)


3/1/02   117     ATTORNEY APPEARANCE for defendants Black Hawk County IA and
                 Michael Kubik  by Raymond R Stefani II (mj)


3/5/02   118     MOTION by defendants to extend time to file reply
                 assigned to Chief Mag Judge John A. Jarvey (mj)


3/6/02   119     ORDER by Chief Mag Judge John A. Jarvey granting
                 defendants' motion to extend time to file reply [118-1];
                 defendants shall have to 3/11/02 to file a reply to
                 plaintiff's resistance to defendants' motion to dismiss
                 (cc: all counsel) (mj)


3/11/02  120     REPLY by defendants to plaintiff's resistance to
                 defendant's motion to dismiss [109-1] (mj)


4/9/02   121     NOTICE OF VACATION (5/8/02 to 5/17/02) by plaintiff
                 attorney Paul Mark Lucas (mj)


4/10/02  122     SECOND JOINT MOTION by plaintiff, defendant to extend
                 discovery deadline assigned to Chief Mag Judge John A.
                 Jarvey (mj)


4/22/02  123     ORDER by Chief Mag Judge John A. Jarvey TELEPHONIC
                 SCHEDULING/STATUS CONFERENCE set on 11:00 5/20/02 w/Judge
                 Jarvey from chambers in Cedar Rapids (cc: all counsel) (mj)


5/6/02   124     AMENDMENT TO NOTICE OF VACATION by plaintiff attorney Maria
                 Sperando for Gregory F Greiner to notice [121-1]
                 (unavailable 5/9/02-5/15/02; 8/5/02-8/12/02; 7/30, 7/31,
                 and 8/1/02) (mj)


5/17/02  125     NOTICE OF FILING DEPOSITION of Richard Ken Larsen, MD by
                 plaintiff (HOUSED SEPARATELY) (mj) [Edit date 05/17/02]


5/20/02  126     ORDER by Chief Mag Judge John A. Jarvey granting motion to
                 extend discovery deadline [122-1]; DISCOVERY DDL 7/15/02
                 DISPOSITIVE MOTION FILING DDL 8/15/02 (cc: all counsel) (mj)
                 [Edit date 05/20/02]


7/22/02  127     MOTION by plaintiff in limine or in the alternative to
                 strike testimony of Richard Kent Larsen, MD assigned to
                 Senior Judge Edward J. McManus (mj)


7/22/02  128     MEMORANDUM by plaintiff Gregory F Greiner  in support of
                 motion in limine [127-1] (mj)


7/22/02  129     NOTICE OF FILING DEPOSITION of Margaret Severson by
                 plaintiff (Deposition Housed Separately) (mj)


8/6/02   130     RESISTANCE by defendants to motion in limine [127-1] and
                 motion to strike testimony of Richard Kent Larsen, MD
                 [127-2] (mj)


8/6/02   131     MEMORANDUM OF AUTHORITY AND ARGUMENT by defendants in
                 support of resistance to motion in limine and motion to
                 strike [130-1] (mj)


8/6/02   132     MOTION by defendants for leave to file memorandum of
                 authorities and argument in excess of 15 pages assigned to
                 Clerk (contemporaneously filed 8/6/02) (mj)


8/6/02   133     ORDER granting defendants' motion for leave to file
                 memorandum of authorities and argument in excess of 15
                 pages [132-1]; contemporaneously filed (See [128-1]) (cc:
                 all counsel) (mj)


8/15/02  134     SECOND MOTION by plaintiff in limine (2nd), or in the
                 alternative to limit the testimony of Margaret
                 Severson,MS,JD  assigned to Senior Judge Edward J. McManus
                 (mj)


8/15/02  135     MEMORANDUM by plaintiff in support of second motion in
                 limine [134-1] and motion to limit the testimony of
                 Margaret Severson,MS,JD [134-2] (mj)


8/15/02  136     APPENDIX filed by plaintiff re second motion in limine
                 [134-1] and motion to limit the testimony of Margaret
                 Severson,MS,JD [134-2]  (HOUSED SEPARATELY) (mj)


8/15/02  137     MOTION by defendants for partial summary judgment and
                 for oral argument assigned to Senior Judge Edward J.
                 McManus (mj)


8/15/02  138     BRIEF FILED by defendants in support of motion for partial
                 summary judgment [137-1] (mj)


8/15/02  139     STATEMENT of Undisputed Facts  by defendants in support of
                 motion for partial summary judgment [137-1] (mj)


8/15/02  140     APPENDIX filed by defendant re motion for partial summary
                 judgment [137-1], (HOUSED SEPARATELY) (mj)


9/3/02   141     RESISTANCE by defendant to Plaintiff's  motion in limine
                 (2nd)/motion to limit the testimony of Margaret Severson
                 [134-1] (gc)


9/4/02   142     MOTION (UNOPPOSED) by plaintiff to extend time to respond
                 to deft's motion for partial summary judgment assigned to
                 Chief Mag Judge John A. Jarvey (mp)


9/4/02   142     ORDER by Chief Mag Judge John A. Jarvey granting motion to
                 extend time to respond to deft's motion for partial summary
                 judgment [142-1] (cc: all counsel) (mp)


9/26/02  143     SECOND MOTION by plaintiff to extend time to respond to
                 defendants' motion for partial summary judgment assigned
                 to Chief Mag Judge John A. Jarvey (mj)


9/26/02  144     NOTICE OF FILING DISCOVERY DEPOSITION OF PRISCILLA ANN
                 LYNCH, RN in RESPONSE by plaintiff to motion for partial
                 summary judgment [137-1] (Deposition Housed Separately) (mj)


9/27/02  145     RESISTANCE by defendant to second motion to extend time
                 [143-1] to motion for partial summary judgment [137-1] (mp)


9/30/02  --      NEW FILE: Beginning With Document # 146, See File # 6 (mj)
                 [Entry date 10/02/02]


10/1/02  146     BRIEF IN OPPOSITION by plaintiff to second motion for
                 partial summary judgment [137-1] (mj)


10/1/02  147     NOTICE OF FILING DEPOSITION of Barbara Leestamper filed by
                 plaintiff in support of opposition [146-1] to motion for
                 partial summary judgment (Deposition Housed Separately) (mj)


10/1/02  148     NOTICE OF FILING DEPOSITION of Brian Quirk filed by
                 plaintiff in support of opposition [146-1] to motion for
                 partial summary judgment (Deposition Housed Separately) (mj)


10/1/02  149     NOTICE OF FILING DEPOSITION of Jacqueline Marie Jenkins
                 filed by plaintiff in support of opposition [146-1] to
                 motion for partial summary judgment (Deposition Housed
                 Separately) (mj)


10/1/02  150     NOTICE OF FILING DEPOSITION of Miriam Turnbull filed by
                 plaintiff in support of opposition [146-1] to motion for
                 partial summary judgment (Deposition Housed Separately) (mj)


10/1/02  151     NOTICE OF FILING DEPOSITION of Sonia Johannsen filed by
                 plaintiff in support of opposition [146-1] to motion for
                 partial summary judgment (Deposition Housed Separately) (mj)


10/1/02  152     NOTICE OF FILING DEPOSITION of Leon Mosley filed by
                 plaintiff in support of opposition [146-1] to motion for
                 partial summary judgment (Deposition Housed Separately) (mj)


10/1/02  153     NOTICE OF FILING DEPOSITION of Norman L. Granger filed by
                 plaintiff in support of opposition [146-1] to motion for
                 partial summary judgment (Deposition Housed Separately) (mj)


10/1/02  154     RESPONSE by plaintiff to motion for partial summary
                 judgment and for oral argument [137-1] (mj)


10/1/02  154     REQUEST by plaintiff Gregory F Greiner for oral argument
                 assigned to Senior Judge Edward J. McManus (mj)


10/1/02  155     STATEMENT of FACTS IN OPPOSITION TO MOTION FOR PARTIAL
                 SUMMARY JUDGMENT by plaintiff Gregory F Greiner re [154-1]
                 (mj)


10/1/02  156     APPENDIX filed by plaintiff Gregory F Greiner to
                 plaintiff's statement of facts in opposition to the motion
                 for partial summary judgment [155-1] (HOUSED SEPARATELY) (mj)


10/4/02  157     FIRST MOTION by defendants to extend time to file reply to
                 resistance to motion for partial summary judgment assigned
                 to Chief Mag Judge John A. Jarvey (mj)


10/7/02  158     RESISTANCE by plaintiff to defendants' announced intention
                 to motion to extend time to file reply to resistance to
                 motion for partial summary judgment [157-1] (mj)


10/8/02  --      ORDER by Chief Mag Judge John A. Jarvey granting motion to
                 extend time to file reply to resistance to motion for
                 partial summary judgment [157-1]; defendants shall have to
                 10/24/02 to file their reply  (cc: all counsel) (mj)


10/11/02 --      ORDER by Chief Mag Judge John A. Jarvey granting motion to
                 extend time to respond to defendants' motion for partial
                 summary judgment [143-1]; plaintiff shall have an additional
                 7 days to respond (cc: all counsel)  (SEE ENTRY [143-1]) (mj)
                 [Edit date 10/11/02]


10/24/02 159     REPLY BRIEF by defendants to plaintiff's resistance to
                 motion for partial summary judgment [137-1] (mj)


10/24/02 160     REPLY by defendants to plaintiff's statement of facts in
                 opposition to motion for partial summary judgment [155-1]
                 (mj)


10/24/02 161     APPENDIX filed by defendants in support of  motion for
                 partial summary judgment [137-1] (HOUSED SEPARATELY) (mj)


12/16/02 162     ORDER  by Senior Judge Edward J. McManus:  Motion to
                 Dismiss and Motion for Partial Summary Judgment DENIED
                 [137-1]  [109-1]; ruling reserved on Motions in Limine
                 [134-1] [127-1] (cc: all counsel) (mj)


1/3/03   163     MOTION by plaintiff to set  trial date certain   assigned
                 to Senior Judge Edward J. McManus (mj)


1/7/03   164     ANSWER (Complete)  by defendants to second amended
                 complaint [106-1] (mj)


1/14/03  165     ORDER SETTING JURY TRIAL, FINAL PRETRIAL CONFERENCE AND
                 REQUIREMENTS FOR THE FPTO  by Chief Mag Judge John A.
                 Jarvey TELEPHONIC FINAL PRETRIAL CONFERENCE set for 10:00
                 3/21/03 w/Judge Jarvey; from chambers in Cedar Rapids;
                 FINAL PRE-TRIAL ORDER due 3/18/03 JURY TRIAL set for 9:00
                 4/14/03 w/Judge McManus Cedar Rapids; motions in limine due
                 two weeks prior to trial; trial briefs due 4/7/03; marked
                 exhibits to be submitted by parties prior to trial; copy of
                 depos to be filed by Clerk at five days prior to trial (cc:
                 all counsel) (mj)


1/22/03  166     JOINDER by plaintiffs of its motion for continuance of
                 trial and pre-trial deadlines to that of defendants [163-1]
                 (mj)


1/23/03  167     FIRST MOTION by defendants to continue trial and pretrial
                 deadlines assigned to Chief Mag Judge John A. Jarvey (mj)


1/27/03  168     DENIAL OF AFFIRMATIVE DEFENENSES and MOTION by plaintiff
                 to strike certain affirmative defenses filed by defendants
                 Black Hawk County and Michael Kubik assigned to Senior
                 Judge Edward J. McManus (mj)


1/31/03  169     RESISTANCE by defendants to motion to strike certain
                 affirmative defenses filed by defendants Black Hawk County
                 and Michael Kubik [168-1] (mj)


1/31/03  170     BRIEF FILED by defendant in support of resistance to
                 plaintiff's motion to strike [169-1] (mj)


2/6/03   171     ORDER:  The trial currently set int his action is
                 continuned [163-1]; JURY TRIAL set for 9:00 5/5/03 w/Judge
                 McManus Cedar Rapids (cc: all counsel) (mj)


2/6/03   172     ORDER  by Magistrate Judge Paul A. Zoss SETTLEMENT
                 CONFERENCE set on 10:00 3/5/03 w/undersigned in Sioux City
                 (cc: all counsel) (ds)


2/7/03   173     AMENDED ORDER  by Magistrate Judge Paul A. Zoss SETTLEMENT
                 CONFERENCE reset on 10:00 3/5/03  w/undersigned at US
                 Courthouse, 123 E. Walnut St., Des Moines, Iowa  (cc: all
                 counsel) (ds)


2/12/03  174     MOTION by plaintiff for Rule of Evidence 104   assigned
                 to Senior Judge Edward J. McManus (mj)


2/18/03  175     NOTICE OF CONFLICT of trial schedule by plaintiff (mj)


2/19/03  176     AMENDED Rule 104 MOTION by plaintiff re [174-1] (mj)
                 [Edit date 02/19/03]


2/24/03  177     NOTICE OF PARTIAL COMPLIANCE WITH AMENDED ORDER SCHEDULING
                 SETTLEMENT CONFERENCE and STATUS REPORT by plaintiff (mj)


2/27/03  178     SECOND RULE 104 MOTION   assigned to Senior Judge Edward
                 J. McManus (mj)


2/27/03  179     RESISTANCE by defendant to Motion for Rule of Evidence 104
                 [174-1] and Amended RULE 104 MOTION [178-1] (mj)


2/27/03  180     BRIEF FILED by defendant in support of resistance to
                 plaintiff's Rule 104 Motions [179-1] (mj)


2/28/03  181     ORDER  by Magistrate Judge Paul A. Zoss SETTLEMENT
                 CONFERENCE reset on 1:00 3/5/03 in the US Courthouse, 123
                 E. Walnut St., Des Moines, Iowa  (cc: all counsel) (ds)


3/3/03   182     ORDER  by Magistrate Judge Paul A. Zoss SETTLEMENT
                 CONFERENCE reset on 11:00 3/5/03 in the US Courthouse, 123
                 E. Walnut St., Des Moines, Iowa  (cc: all counsel) (ds)


3/5/03   --      NEW FILE: Beginning With Document # 183, See File 7 (mj)
                 [Entry date 03/14/03]


3/6/03   183     CLERK'S COURT MINUTES: from Settlement Conference  held on
                 3/05/03 before Magistrate Judge Paul A. Zoss  settlement
                 conference satisfied, Case did not settle (ds)


3/10/03  184     NOTICE OF PARTIAL COMPLIANCE by plaintiff to Order of
                 Mediation (mj)


3/12/03  185     ORDER by Chief Mag Judge John A. Jarvey Final Pretrial
                 Conference reset to 8:00 am on 4/3/03 to be held by phone
                 w/Judge Jarvey from chambers in Cedar Rapids Cedar Rapids
                 (cc: all counsel) (mj)


3/12/03  186     CLERK'S COURT MINUTES: from Telephonic Hearing  held on
                 3/12/03 re Settlement conference discussion before
                 Magistrate Judge Paul A. Zoss Court Reporter None (ds)


3/14/03  187     RESISTANCE by defendants to plaintiff's SECOND RULE 104
                 MOTION [178-1] (mj)


3/14/03  188     BRIEF FILED by defendants in resistance to plaintiff's
                 Second Rule 104 Motion [187-1] (mj)


3/21/03  189     SECOND AND RENEWED MOTION by plaintiff to continue trial
                 assigned to Chief Mag Judge John A. Jarvey (mj)


3/21/03  190     RESISTANCE by defendants to plaintiff's second motion to
                 continue trial [189-1] (mj)


3/21/03  191     BRIEF FILED by defendants in support of resistance to
                 plaintiff's second and renewed motion for continuance
                 [190-1] (mj)


3/24/03  192     OFFER OF JUDGMENT to Plaintiff filed by defendant (mj)
                 [Edit date 03/25/03]


3/24/03  193     ACCEPTANCE OF JUDGMENT OFFER by plaintiff Gregory F Greiner
                 re [192-1] (mj) [Entry date 03/25/03]


3/25/03  194     JUDGMENT: Pursuant to the Offer and Acceptance of Judgment,
                 plaintiff shall recover the sum of $300,000 which includes
                 costs and attorneys' fees jointly from defendants;
                 terminating case JUDGMENT BOOK 27 ENTRY 11 (cc: all
                 counsel) (mj)




END OF DOCKET: 6:00cv2008
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