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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]
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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