U.S. District Court Northern District of Iowa (Waterloo) CIVIL DOCKET FOR CASE #: 6:00-cv-02008-EJM Greiner, et al v. Black Hawk County IA, et al Assigned to: Senior Judge Edward J McManus Date Filed: 01/21/00 Referred to: Jury Demand: Both Demand: $0 Nature of Suit: 440 Civil Lead Docket: None Rights: Other Related Cases: None Jurisdiction: Federal Case in other court: None Question Cause: 28:1983 Civil Rights Plaintiff ----------------------- Gregory F Greiner, as represented by Bruce M Wilkinson Administrator of the Estate Gary Williams Parenti of Finney Lewis McManus Watson & Sperando 221 East Osceola Street **FAX ATTORNEY Stuart, FL 34994 772 283 8260 Fax : 283 9417 TERMINATED: 05/30/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED Maria Sperando Gary Williams Parenti Finney Lewis McManus Watson & Sperando 221 East Osceola Street **FAX ATTORNEY Stuart, FL 34994 772 283 8260 Fax : 283 9417 LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul D Mark Lucas Gary Williams Parenti Finney Lewis McManus Watson & Sperando 221 East Osceola Street **FAX ATTORNEY Stuart, FL 34994 772 283 8260 Fax : 283 9417 LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas P Frerichs Frerichs Law Office PC PO Box 328 **FAX ATTORNEY Waterloo, IA 50704-0328 319 236 7204 Fax : 236 7206 LEAD ATTORNEY ATTORNEY TO BE NOTICED est David Price Judith R Benson, f/k/a Administrator of Estate of David Price TERMINATED: 11/20/2001 V. Defendant ----------------------- Black Hawk County, IA represented by Raymond R Stefani, II Gray, Stefani & Mitvalsky, PLC PO Box 456 **FAX ATTORNEY Cedar Rapids, IA 52406-0456 319 364 1535 Fax : 364 1562 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Serck Ahlers Cooney Dorweiler Haynie Smith & Allbee 100 Court Avenue Suite 600 **FAX ATTORNEY Des Moines, IA 50309-2231 515 243 7611 Fax : 243 2149 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Kubik, as duly represented by Raymond R Stefani, II elected Sheriff of Black Hawk (See above for address) County, Iowa LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven L Serck (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Filing Date # Docket Text 01/21/2000 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 MJJ (Entered: 01/21/2000) 01/21/2000 2 NOTICE OF FILING NOTICE OF REMOVAL by defendant MJJ (Entered: 01/21/2000) 01/21/2000 3 RECEIPT # 110006 in the amount of $ 150.00 MJJ (Entered: 01/21/2000) 01/21/2000 4 CERTIFICATE PURSUANT TO L.R. 81.1 STATEMENT by defendant regarding removal complaint [1-1] MJJ (Entered: 01/21/2000) 02/25/2000 5 ANSWER by defendants re petition [1-1] MJJ (Entered: 02/25/2000) 03/03/2000 6 MOTION by plaintiff for attorney Bruce M. Wilkinson to appear pro hac vice assigned to Clerk MJJ (Entered: 03/03/2000) 03/03/2000 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) MJJ Modified on 03/03/2000 (Entered: 03/03/2000) 03/17/2000 8 RECEIPT # 110408 in the amount of $ 30.00 pro hac vice fee for plaintiff attorney Bruce Wilkinson MJJ (Entered: 03/17/2000) 06/20/2000 SCHEDULING REPORT AND DISCOVERY PLAN; scheduling report ddl satisfied MAP (Entered: 06/20/2000) 06/20/2000 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) DSR (Entered: 06/21/2000) 06/22/2000 10 MOTION by defendant to file first amended and substituted answer and defenses (amended answer attached) assigned to Chief Mag Judge John A. Jarvey MAP (Entered: 06/22/2000) 07/12/2000 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) DSR (Entered: 07/12/2000) 07/12/2000 12 FIRST AMENDED AND SUBSTITUTED ANSWER AND DEFENSES (RE: Answer) [5-1] by Defendant DSR (Entered: 07/12/2000) 08/03/2000 13 NOTICE by plaintiff of additional plaintiff and perceived conflict assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 08/03/2000) 08/03/2000 14 RESISTANCE by defendant to extension of deadline for adding parties and request for additional plaintiff and perceived conflict [13-1] MJJ (Entered: 08/03/2000) 08/17/2000 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) MJJ (Entered: 08/17/2000) 09/05/2000 16 DESIGNATION OF EXPERT WITNESS(ES) by plaintiff Judith R Benson DGE (Entered: 09/05/2000) 09/08/2000 17 MOTION to compel discovery by defendant assigned to Chief Mag Judge John A. Jarvey MAP (Entered: 09/08/2000) 10/11/2000 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) MJJ (Entered: 10/11/2000) 10/26/2000 19 MOTION by defendants for additional time to designate experts assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 10/26/2000) 11/27/2000 20 MOTION by defendants for sanctions assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 11/27/2000) 12/04/2000 21 DISCLOSURE OF EXPERT WITNESS(ES) by defendants MJJ (Entered: 12/04/2000) 12/07/2000 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) MJJ (Entered: 12/07/2000) 12/18/2000 23 SUPPLEMENT by defendants in support of motion for sanctions [20-1] MJJ (Entered: 12/18/2000) 12/21/2000 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 MJJ (Entered: 12/21/2000) 12/29/2000 25 MOTION by defendants for 60-day time extension to file dispositive motions assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 12/29/2000) 01/04/2001 26 SHORTHAND NOTES of OCR Kay C. Carr constituting official record of Telephonic Hrg. held on 12/21/00 DLP (Entered: 01/04/2001) 02/16/2001 27 MOTION by defendants for summary judgment and for oral argument assigned to Senior Judge Edward J. McManus MJJ (Entered: 02/16/2001) 02/16/2001 28 BRIEF FILED by defendant re motion for summary judgment [27-1] and for oral argument [27-2] MJJ (Entered: 02/16/2001) 02/16/2001 29 STATEMENT of Undisputed Facts by defendants in support of motion for summary judgment [27-1] and motion for oral argument [27-2] MJJ (Entered: 02/16/2001) 02/16/2001 30 MOTION by defendants to extend discovery deadlines assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 02/16/2001) 03/26/2001 31 MOTION by plaintiff to extend time to respond to defendant's motion for summary judgment assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 03/26/2001) 03/26/2001 32 MOTION by plaintiff to extend discovery deadlines assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 03/26/2001) 03/28/2001 33 BRIEF IN RESISTANCE by defendant to motion to extend time to respond to defendant's motion for summary judgment [31-1] MJJ (Entered: 03/28/2001) 04/02/2001 34 SECOND MOTION by defendant to extend discovery deadlines assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 04/02/2001) 04/05/2001 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) MJJ (Entered: 04/05/2001) 04/13/2001 36 MOTION by plaintiff for additional time to extend discovery and respond to summary judgment assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 04/13/2001) 04/17/2001 37 BRIEF IN RESISTANCE by defendants to plaintiff's second motion for additional time to extend discovery and respond to summary judgment [36-1] MJJ (Entered: 04/17/2001) 04/23/2001 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) MJJ (Entered: 04/23/2001) 04/24/2001 39 MOTION by plaintiff for attorney Maria Sperando to appear pro hac vice assigned to Clerk MJJ (Entered: 04/24/2001) 04/24/2001 40 MOTION by plaintiff for attorney Paul D. Mark Lucas to appear pro hac vice assigned to Clerk MJJ (Entered: 04/24/2001) 04/24/2001 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) MJJ (Entered: 04/24/2001) 05/04/2001 42 RECEIPT # 113654 in the amount of $ 60.00 pro hac vice fees for plaintiff attorneys Maria Sperando and Paul D. Mark Lucas MJJ (Entered: 05/04/2001) 05/09/2001 43 RESPONSE by plaintiff to defendants' statement of undisputed facts in support of motion for summary judgment [27-1] MJJ (Entered: 05/09/2001) 05/10/2001 44 REPLY by defendant to plaintiff's response to defendants' statement of undisputed facts in support of motion for summary judgment [27-1] MJJ (Entered: 05/10/2001) 05/21/2001 45 RESPONSE by plaintiff to motion for summary judgment [27-1] and request for oral argument [27-2] MJJ (Entered: 05/21/2001) 05/21/2001 46 MEMORANDUM IN OPOOSITION by plaintiff to the motion for summary judgment [45-1] MJJ (Entered: 05/21/2001) 05/25/2001 47 MOTION by plaintiff to amend complaint assigned to Chief Mag Judge John A. Jarvey w/AMENDED COMPLAINT MJJ (Entered: 05/25/2001) 05/29/2001 48 MOTION by defendants to strike (memo in opposition to motion for summary judgment) assigned to Senior Judge Edward J. McManus MJJ (Entered: 05/29/2001) 05/29/2001 49 BRIEF FILED by defendant in support of motion to strike [48-1] MJJ (Entered: 05/29/2001) 05/29/2001 50 MOTION by defendant for leave to file over-length brief assigned to Clerk MJJ (Entered: 05/29/2001) 05/29/2001 51 ORDER granting defendnats' 5/29/01 motion for leave to file over-length brief [50-1] (cc: all counsel) MJJ (Entered: 05/29/2001) 05/29/2001 52 REPLY by defendants to plaintiff's preliminary memorandum in opposition to motion for summary judgment [27-1] MJJ (Entered: 05/29/2001) 05/30/2001 53 MOTION by plaintiff for continuance of decision on motion for summary judgment assigned to Mag Judge John A. Jarvey MJJ Modified on 05/30/2001 (Entered: 05/30/2001) 05/30/2001 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) MJJ (Entered: 05/30/2001) 05/31/2001 55 RESISTANCE by defendants Black Hawk County IA, and Michael Kubik to motion to amend complaint [47-1] DGE (Entered: 05/31/2001) 06/04/2001 56 NOTICE OF FILING w/Affidavit of W. Ken Kataris in by plaintiff in Opposition to Motion for Summary Judgment [27-1] MJJ (Entered: 06/04/2001) 06/07/2001 57 RESISTANCE by defendant to motion for continuance of decision on motion for summary judgment [53-1] MJJ (Entered: 06/07/2001) 06/07/2001 58 STATEMENT OF FACTS IN RESPONSE by plaintiff defendant's to motion for summary judgment [27-1] (w/EXHIBITS HOUSED SEPARATELY) MJJ (Entered: 06/07/2001) 06/12/2001 59 RESPONSE by plaintiff to defendants' resistance to plaintiff's motion to amend complaint [47-1] MJJ (Entered: 06/12/2001) 06/15/2001 60 MOTION by defendant to strike assigned to Senior Judge Edward J. McManus MJJ (Entered: 06/15/2001) 06/15/2001 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] MJJ (Entered: 06/15/2001) 06/15/2001 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 MJJ (Entered: 06/15/2001) 06/15/2001 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) MJJ (Entered: 06/15/2001) 06/15/2001 64 REPLY by defendants to resistance to plaintiff's statement of acts in plaintiff's response to defendants' motion for summary judgment [27-1] MJJ (Entered: 06/15/2001) 06/15/2001 65 APPENDIX filed by defendants in support of motion reply [64-1] (HOUSED SEPARATELY) MJJ (Entered: 06/15/2001) 06/18/2001 66 ORDER by Chief Mag Judge John A. Jarvey denying motion to amend complaint [47-1] (cc: all counsel) DGE (Entered: 06/18/2001) 06/19/2001 67 RESISTANCE by plaintiff to motion to strike (memo in opposition to motion for summary judgment) [48-1] MAP (Entered: 06/19/2001) 06/19/2001 68 AFFIDAVIT by plaintiff in support of resistance to motion [67-1] to strike (memo in opposition to motion for summary judgment) [48-1] MAP (Entered: 06/19/2001) 06/21/2001 69 SUPPLEMENT response by plaintiff re motion to amend complaint [47-1] GGC (Entered: 06/21/2001) 06/22/2001 70 REPLY by defendant to resistance [67-1], to motion to strike (memo in opposition to motion for summary judgment) [48-1] MAP (Entered: 06/22/2001) 06/22/2001 71 NOTICE OF FILING AFFIDAVIT of Dennis F. Koson, MD filed by plaintiff IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [27-1] MAP (Entered: 06/22/2001) 06/22/2001 72 RESPONSE IN OPPOSITION by plaintiff to defendants motion to strike statement of facts [60-1] MAP (Entered: 06/22/2001) 06/26/2001 73 REPLY by defendant's to plaintiff's resistance to defendant's motion to strike [60-1] DLP (Entered: 06/26/2001) 06/26/2001 74 APPEAL FROM MAGISTRATE'S ORDER RE: order [66-1] by plaintiff Judith R Benson DLP (Entered: 06/26/2001) 06/27/2001 75 MOTION by defendant to strike affidavit of Dennis F. Koson, M.D. assigned to Senior Judge Edward J. McManus DLP (Entered: 06/27/2001) 06/27/2001 76 BRIEF IN SUPPORT FILED by defendant's re motion to strike affidavit of Dennis F. Koson, M.D. [75-1] DLP (Entered: 06/27/2001) 07/09/2001 77 RESPONSE by plaintiff to motion to strike affidavit of Dennis F. Koson, M.D. [75-1] MJJ (Entered: 07/09/2001) 07/09/2001 78 BRIEF IN OPPOSITION FILED by plaintiff to strike affidavit of Dennis K. Koson, MD [77-1] MJJ (Entered: 07/09/2001) 07/09/2001 79 MOTION by plaintiff for substitution of expert witness assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 07/09/2001) 07/09/2001 80 RESPONSE TO PLAINTIFF'S OBJECTIONS by defendant to APPEAL FROM MAGISTRATE'S ORDER [66-1] [74-1] MJJ (Entered: 07/09/2001) 07/12/2001 81 REPLY by defendants to plaintiff's opposition to defendants motion to strike affidavit of Dennis F. Koson, M.D. [75-1] MJJ (Entered: 07/12/2001) 07/12/2001 82 RESISTANCE by defendants to plaintiff's motion for substitution of expert witness [79-1] MJJ (Entered: 07/12/2001) 07/26/2001 83 REPLY by plaintiff to defendant's resistance to motion for substitution of expert witness [79-1] MJJ (Entered: 07/26/2001) 10/01/2001 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) MJJ (Entered: 10/01/2001) 10/01/2001 85 AMENDED COMPLAINT by plaintiff (Filed per Order of 10/1/01) MJJ (Entered: 10/01/2001) 10/09/2001 86 MOTION by defendant to extend time (30-day) to respond to amended complaint assigned to Chief Mag Judge John A. Jarvey GGC (Entered: 10/09/2001) 10/09/2001 87 ORDER by Chief Mag Judge John A. Jarvey granting motion for substitution of expert witness [79-1] (cc: all counsel) GGC (Entered: 10/09/2001) 10/29/2001 88 BRIEF IN RESISTANCE by defendant to motion to extend time to respond to amended complaint [86-1] MJJ (Entered: 10/29/2001) 10/29/2001 89 MOTION by defendant for leave to designate medical malpractice expert assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 10/29/2001) 10/29/2001 90 MOTION by defendants to dismiss plaintiff's negligence claims and request for oral argument assigned to Senior Judge Edward J. McManus MJJ Modified on 10/29/2001 (Entered: 10/29/2001) 10/29/2001 91 BRIEF FILED by defendant in support of motion to dismiss plaintiff's negligence claims [90-1] [90-2] MJJ (Entered: 10/29/2001) 10/29/2001 92 MOTION by plaintiff to extend time for discovery assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 10/29/2001) 10/29/2001 93 MOTION by plaintiff for substitute of name of plaintiff assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 10/29/2001) 11/05/2001 94 AMENDED MOTION by plaintiff re motion for substitute of name of plaintiff [93-1] MJJ (Entered: 11/05/2001) 11/09/2001 95 RESISTANCE by plaintiff to defendants' motion for leave to designate medical malpractice expert [89-1] MJJ (Entered: 11/09/2001) 11/13/2001 96 RESISTANCE by plaintiff to defendnats' motion to dismiss complaint, in part [90-1] MJJ (Entered: 11/13/2001) 11/13/2001 97 MEMORANDUM by defendant in support of resistance to defendants' motion to dismiss complaint, in part [96-1] MJJ (Entered: 11/13/2001) 11/15/2001 98 REPLY by defendants to plaintiff's resistance to defendants' motion to dismiss plaintiff's negligence claims [90-1] MJJ (Entered: 11/15/2001) 11/20/2001 99 ANSWER by defendant to plaintiff's ameded complaint [85-1]; and jury demand MJJ (Entered: 11/20/2001) 11/20/2001 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) MJJ (Entered: 11/20/2001) 12/17/2001 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) MJJ (Entered: 12/17/2001) 12/21/2001 102 SECOND DISCLOSURE OF EXPERT WITNESS(ES) by defendants MJJ (Entered: 12/21/2001) 12/24/2001 103 RESPONSE by plaintiff to defendants' affirmative defenses [99-1] MJJ (Entered: 12/26/2001) 12/28/2001 104 MOTION to extend time in which to file second amended complaint by plaintiff assigned to Chief Mag Judge John A. Jarvey DLP (Entered: 12/28/2001) 12/28/2001 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) GGC (Entered: 12/28/2001) 01/08/2002 106 SECOND AMENDED COMPLAINT RE: [85-1] by plaintiff (Gregory F. Greiner, as Administrator of the Estate of David Price) MJJ (Entered: 01/08/2002) 01/14/2002 107 MOTION by plaintiff for substitution of party assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 01/14/2002) 02/08/2002 108 PARTIAL ANSWER by defendants to Second Amended Petition [106-1] MJJ (Entered: 02/08/2002) 02/08/2002 109 MOTION by defendants to dismiss plaintiff's loss of consortium claims and request for oral argument assigned to Senior Judge Edward J. McManus MJJ (Entered: 02/08/2002) 02/08/2002 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] MJJ (Entered: 02/08/2002) 02/12/2002 111 MOTION (JOINT) by plaintiff, defendant for extension of discovery deadline assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 02/12/2002) 02/13/2002 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) MJJ (Entered: 02/13/2002) 02/22/2002 113 ORDER by Chief Mag Judge John A. Jarvey granting plaintiff's motion for substitution of party [107-1] (cc: all counsel) MJJ (Entered: 02/22/2002) 02/25/2002 114 RESISTANCE by plaintiff to motion to dismiss plaintiff's loss of consortium claims [109-1] w/request for oral argument [109-2] MJJ (Entered: 02/25/2002) 02/25/2002 115 MEMORANDUM by plaintiff in support of response to motion to dismiss plaintiff's loss of consortium claims[114-1] MJJ (Entered: 02/25/2002) 02/26/2002 116 SUPPLEMENTAL DESIGNATION OF EXPERT WITNESS(ES) by plaintiff Gregory F Greiner MJJ (Entered: 02/26/2002) 03/01/2002 117 ATTORNEY APPEARANCE for defendants Black Hawk County IA and Michael Kubik by Raymond R Stefani II MJJ (Entered: 03/01/2002) 03/05/2002 118 MOTION by defendants to extend time to file reply assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 03/05/2002) 03/06/2002 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) MJJ (Entered: 03/06/2002) 03/11/2002 120 REPLY by defendants to plaintiff's resistance to defendant's motion to dismiss [109-1] MJJ (Entered: 03/11/2002) 04/09/2002 121 NOTICE OF VACATION (5/8/02 to 5/17/02) by plaintiff attorney Paul Mark Lucas MJJ (Entered: 04/09/2002) 04/10/2002 122 SECOND JOINT MOTION by plaintiff, defendant to extend discovery deadline assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 04/10/2002) 04/22/2002 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) MJJ (Entered: 04/22/2002) 05/06/2002 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) MJJ (Entered: 05/06/2002) 05/17/2002 125 NOTICE OF FILING DEPOSITION of Richard Ken Larsen, MD by plaintiff (HOUSED SEPARATELY) MJJ Modified on 05/17/2002 (Entered: 05/17/2002) 05/20/2002 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) MJJ Modified on 05/20/2002 (Entered: 05/20/2002) 07/22/2002 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 MJJ (Entered: 07/22/2002) 07/22/2002 128 MEMORANDUM by plaintiff Gregory F Greiner in support of motion in limine [127-1] MJJ (Entered: 07/22/2002) 07/22/2002 129 NOTICE OF FILING DEPOSITION of Margaret Severson by plaintiff (Deposition Housed Separately) MJJ (Entered: 07/22/2002) 08/06/2002 130 RESISTANCE by defendants to motion in limine [127-1] and motion to strike testimony of Richard Kent Larsen, MD [127-2] MJJ (Entered: 08/06/2002) 08/06/2002 131 MEMORANDUM OF AUTHORITY AND ARGUMENT by defendants in support of resistance to motion in limine and motion to strike [130-1] MJJ (Entered: 08/06/2002) 08/06/2002 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) MJJ (Entered: 08/06/2002) 08/06/2002 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) MJJ (Entered: 08/06/2002) 08/15/2002 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 MJJ (Entered: 08/15/2002) 08/15/2002 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] MJJ (Entered: 08/15/2002) 08/15/2002 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) MJJ (Entered: 08/15/2002) 08/15/2002 137 MOTION by defendants for partial summary judgment and for oral argument assigned to Senior Judge Edward J. McManus MJJ (Entered: 08/15/2002) 08/15/2002 138 BRIEF FILED by defendants in support of motion for partial summary judgment [137-1] MJJ (Entered: 08/15/2002) 08/15/2002 139 STATEMENT of Undisputed Facts by defendants in support of motion for partial summary judgment [137-1] MJJ (Entered: 08/15/2002) 08/15/2002 140 APPENDIX filed by defendant re motion for partial summary judgment [137-1], (HOUSED SEPARATELY) MJJ (Entered: 08/15/2002) 09/03/2002 141 RESISTANCE by defendant to Plaintiff's motion in limine (2nd)/motion to limit the testimony of Margaret Severson [134-1] GGC (Entered: 09/03/2002) 09/04/2002 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 MAP (Entered: 09/04/2002) 09/04/2002 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) MAP (Entered: 09/04/2002) 09/26/2002 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 MJJ (Entered: 09/26/2002) 09/26/2002 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) MJJ (Entered: 09/26/2002) 09/27/2002 145 RESISTANCE by defendant to second motion to extend time [143-1] to motion for partial summary judgment [137-1] MAP (Entered: 09/27/2002) 09/30/2002 NEW FILE: Beginning With Document # 146, See File # 6 MJJ (Entered: 10/02/2002) 10/01/2002 146 BRIEF IN OPPOSITION by plaintiff to second motion for partial summary judgment [137-1] MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/01/2002 154 RESPONSE by plaintiff to motion for partial summary judgment and for oral argument [137-1] MJJ (Entered: 10/01/2002) 10/01/2002 154 REQUEST by plaintiff Gregory F Greiner for oral argument assigned to Senior Judge Edward J. McManus MJJ (Entered: 10/01/2002) 10/01/2002 155 STATEMENT of FACTS IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT by plaintiff Gregory F Greiner re [154-1] MJJ (Entered: 10/01/2002) 10/01/2002 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) MJJ (Entered: 10/01/2002) 10/04/2002 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 MJJ (Entered: 10/04/2002) 10/07/2002 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] MJJ (Entered: 10/07/2002) 10/08/2002 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) MJJ (Entered: 10/08/2002) 10/11/2002 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]) MJJ Modified on 10/11/2002 (Entered: 10/11/2002) 10/24/2002 159 REPLY BRIEF by defendants to plaintiff's resistance to motion for partial summary judgment [137-1] MJJ (Entered: 10/24/2002) 10/24/2002 160 REPLY by defendants to plaintiff's statement of facts in opposition to motion for partial summary judgment [155-1] MJJ (Entered: 10/24/2002) 10/24/2002 161 APPENDIX filed by defendants in support of motion for partial summary judgment [137-1] (HOUSED SEPARATELY) MJJ (Entered: 10/24/2002) 12/16/2002 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) MJJ (Entered: 12/16/2002) 01/03/2003 163 MOTION by plaintiff to set trial date certain assigned to Senior Judge Edward J. McManus MJJ (Entered: 01/03/2003) 01/07/2003 164 ANSWER (Complete) by defendants to second amended complaint [106-1] MJJ (Entered: 01/07/2003) 01/14/2003 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) MJJ (Entered: 01/14/2003) 01/22/2003 166 JOINDER by plaintiffs of its motion for continuance of trial and pre-trial deadlines to that of defendants [163-1] MJJ (Entered: 01/22/2003) 01/23/2003 167 FIRST MOTION by defendants to continue trial and pretrial deadlines assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 01/23/2003) 01/27/2003 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 MJJ (Entered: 01/27/2003) 01/31/2003 169 RESISTANCE by defendants to motion to strike certain affirmative defenses filed by defendants Black Hawk County and Michael Kubik [168-1] MJJ (Entered: 01/31/2003) 01/31/2003 170 BRIEF FILED by defendant in support of resistance to plaintiff's motion to strike [169-1] MJJ (Entered: 01/31/2003) 02/06/2003 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) MJJ (Entered: 02/06/2003) 02/06/2003 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) DES (Entered: 02/06/2003) 02/07/2003 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) DES (Entered: 02/07/2003) 02/12/2003 174 MOTION by plaintiff for Rule of Evidence 104 assigned to Senior Judge Edward J. McManus MJJ (Entered: 02/12/2003) 02/18/2003 175 NOTICE OF CONFLICT of trial schedule by plaintiff MJJ (Entered: 02/18/2003) 02/19/2003 176 AMENDED Rule 104 MOTION by plaintiff re [174-1] MJJ Modified on 02/19/2003 (Entered: 02/19/2003) 02/24/2003 177 NOTICE OF PARTIAL COMPLIANCE WITH AMENDED ORDER SCHEDULING SETTLEMENT CONFERENCE and STATUS REPORT by plaintiff MJJ (Entered: 02/24/2003) 02/27/2003 178 SECOND RULE 104 MOTION assigned to Senior Judge Edward J. McManus MJJ (Entered: 02/27/2003) 02/27/2003 179 RESISTANCE by defendant to Motion for Rule of Evidence 104 [174-1] and Amended RULE 104 MOTION [178-1] MJJ (Entered: 02/27/2003) 02/27/2003 180 BRIEF FILED by defendant in support of resistance to plaintiff's Rule 104 Motions [179-1] MJJ (Entered: 02/27/2003) 02/28/2003 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) DES (Entered: 02/28/2003) 03/03/2003 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) DES (Entered: 03/03/2003) 03/05/2003 NEW FILE: Beginning With Document # 183, See File 7 MJJ (Entered: 03/14/2003) 03/06/2003 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 DES (Entered: 03/06/2003) 03/10/2003 184 NOTICE OF PARTIAL COMPLIANCE by plaintiff to Order of Mediation MJJ (Entered: 03/10/2003) 03/12/2003 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) MJJ (Entered: 03/12/2003) 03/12/2003 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 DES (Entered: 03/12/2003) 03/14/2003 187 RESISTANCE by defendants to plaintiff's SECOND RULE 104 MOTION [178-1] MJJ (Entered: 03/14/2003) 03/14/2003 188 BRIEF FILED by defendants in resistance to plaintiff's Second Rule 104 Motion [187-1] MJJ (Entered: 03/14/2003) 03/21/2003 189 SECOND AND RENEWED MOTION by plaintiff to continue trial assigned to Chief Mag Judge John A. Jarvey MJJ (Entered: 03/21/2003) 03/21/2003 190 RESISTANCE by defendants to plaintiff's second motion to continue trial [189-1] MJJ (Entered: 03/21/2003) 03/21/2003 191 BRIEF FILED by defendants in support of resistance to plaintiff's second and renewed motion for continuance [190-1] MJJ (Entered: 03/21/2003) 03/24/2003 192 OFFER OF JUDGMENT to Plaintiff filed by defendant MJJ Modified on 03/25/2003 (Entered: 03/24/2003) 03/24/2003 193 ACCEPTANCE OF JUDGMENT OFFER by plaintiff Gregory F Greiner re [192-1] MJJ (Entered: 03/25/2003) 03/25/2003 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) MJJ (Entered: 03/25/2003) 06/04/2003 195 NOTICE of Order filed in Black Hawk County 6/2/03 case #52109 signed by Judge Briner re Estate of David Price authorizing attorney to execute satisfaction and release of judgment MJJ (Entered: 06/04/2003) 06/11/2003 196 RECEIPT, SATISFACTION OF JUDGMENT AND RELEASE OF JUDGEMENT [194-2] filed by plaintiff as to defendants MJJ (Entered: 06/11/2003)