Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:00-cv-02555-JLK-BNB Document 97-3

Filed 01/16/2007

Page 1 of 11 Page 1 of 11 APPEAL, STLMT

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:00-cv-02555-JLK-BNB Internal Use Only

Clifton v. McGary, et al Assigned to: Judge John L. Kane Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff Pamela Clifton

Date Filed: 12/22/2000 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

represented by David Arthur Lane Killmer, Lane & Newman, LLP 1543 Champa Street #400 Denver, CO 80202 303-571-1000 Fax: 303-571-1001 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Marcel Krzystek Killmer, Lane & Newman, LLP 1543 Champa Street #400 Denver, CO 80202 303-571-1000 Fax: 303-571-1001 Email: [email protected] ATTORNEY TO BE NOTICED Mari Anne Newman Killmer, Lane & Newman, LLP 1543 Champa Street #400 Denver, CO 80202 303-571-1000 Fax: 303-571-1001 Email: [email protected] ATTORNEY TO BE NOTICED

V. Defendant

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:00-cv-02555-JLK-BNB Document 97-3

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Joseph McGary Dr., in his individual capacity TERMINATED: 04/26/2002

represented by Thomas J. Lyons Hall & Evans, L.L.C.-Denver 1125 Seventeenth Street #600 Denver, CO 80202-5817 303-628-3300 Fax: 303-293-3238 Email: [email protected] TERMINATED: 04/26/2002 LEAD ATTORNEY

Defendant Iona Eubanks Nurse, in her individual capacity represented by Edmund Martin Kennedy Hall & Evans, L.L.C.-Denver 1125 Seventeenth Street #600 Denver, CO 80202-5817 303-628-3300 Fax: 303-293-3236 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Lyons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Officer Anaya in her individual capacity represented by Edmund Martin Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Lyons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Officer Wilkes in her individual capacity represented by Edmund Martin Kennedy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Thomas J. Lyons (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:00-cv-02555-JLK-BNB Document 97-3

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Intervenor USA represented by Vincent M. Garvey U.S. Department of Justice Civil Division, Federal Programs Branch 901 E Street, N.W. #946 Washington, DC 20530 202-514-9836 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 12/22/2000 12/22/2000 02/02/2001

#

Docket Text 1 COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 12/26/2000) FILING FEE PAID: on 12/22/00 in the amount of $ 150, receipt # 222245. (former empl) (Entered: 12/26/2000) 2 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Joseph McGary filed on 2/2/01 ; by Kathy Holtz (former empl) (Entered: 02/05/2001) 3 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Officer Wilkes signed on 2/5/01 ; by Mary Manchester (former empl) (Entered: 02/06/2001) 4 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant signed on 2/8/01 ; by Pam Ploughe (former empl) (Entered: 02/12/2001) 5 ANSWER by defendant to complaint [1-1]; jury demand (former empl) (Entered: 03/28/2001) 6 ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 2:00 7/9/01, stipulated scheduling/discovery order due by 7/2/01 (cc: all counsel) (pap) (Entered: 04/20/2001) 7 COURTROOM MINUTES by Judge John L. Kane ; rule 16 conf held on 7/9/01 ; entry date : 7/10/01 Court Reporter: P. Zuckerman (former empl) (Entered: 07/10/2001) 8 SCHEDULING ORDER Judge John L. Kane ; Discovery cutoff 2/1/02 ;dispositive motions due 3/1/02 (cc: all counsel) (former empl) (Entered: 07/10/2001) 9 Unopposed MOTION by defendant for Extension of Time to Respond to Pltf's First Disvovery Request to Dfts (former empl) (Entered: 09/12/2001) 10 MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Respond to Pltf's First Disvovery Request to Dfts

02/05/2001

02/08/2001 03/27/2001 04/17/2001

07/09/2001

07/10/2001

09/10/2001

09/12/2001

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[9-1] to 10/1/01 (cc: all counsel) ; entry date : 9/13/01 (former empl) (Entered: 09/13/2001) 12/12/2001 11 Stipulation and PROTECTIVE ORDER by Judge John L. Kane : to prevent disclosure and use oc confidential information except as set forth by protective order(cc: all counsel) (pap) (Entered: 12/13/2001) 12 MOTION by plaintiff for Extension of Deadlines (discovery & dispositive motions to 3/18/02) (former empl) (Entered: 01/08/2002) 13 MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Deadlines (discovery & dispositive motions to 3/18/02) [121] ; discovery ddl set 3/18/02 ; disp mtn ddl set 4/15/02 (cc: all counsel) ; entry date : 1/8/02 (former empl) (Entered: 01/08/2002) 14 Unopposed MOTION by defendants for order Permitting Depositions of Persons Confined in Prison and Identified as Witnesses by Pltf (former empl) (Entered: 02/19/2002) 15 ORDER by Judge John L. Kane granting motion for order Permitting Depositions of Persons Confined in Prison and Identified as Witnesses by Pltf [14-1] (cc: all counsel) ; entry date : 2/20/02 (former empl) (Entered: 02/20/2002) 16 Unopposed MOTION by defendants to Extend Time to Complete Discovery, Designate Defense Experts to 4/19/02 and File Dispositive Motion(s) to 5/20/02 (former empl) Modified on 04/26/2002 (Entered: 03/11/2002) 17 Second Unopposed MOTION by defendants for order Permitting Deposition of Person Confined in Prison and Identified as a Witness by Pltf (former empl) (Entered: 03/15/2002) 18 ORDER by Judge John L. Kane granting motion for order Permitting Deposition of Person Confined in Prison and Identified as a Witness by Pltf [17-1]; Dfts are authorized to take depositions of incarcerated witness Sara Carleton at Denver's Women's Correctional Facility at 1:00 p.m. on 3/25/02 (cc: all counsel) ; entry date : 3/18/02 (former empl) (Entered: 03/18/2002) 19 ORDER stlmt Case referred to Magistrate Judge Boyd N. Boland by Judge John L. Kane (cc: to counsel) (former empl) (Entered: 04/04/2002) 20 MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 3:00 6/14/02 (cc: all counsel) ; entry date : 4/10/02 (former empl) (Entered: 04/10/2002) 21 MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf vacated for 6/14/02; settlement conf reset for 3:30 6/20/02 (cc: all counsel) ; entry date : 4/11/02 (former empl) (Entered: 04/11/2002) 22 MOTION by defendants to stay Pending Determination of Entitlement to Qualified Immunity from Dfts McGarry, Eubank, Anaya & Wilks (former empl) (Entered: 04/16/2002)

01/07/2002 01/08/2002

02/15/2002

02/19/2002

03/08/2002

03/14/2002

03/15/2002

04/04/2002 04/09/2002

04/11/2002

04/15/2002

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23 MOTION by defendants for leave to File Sum Jgm Motion in Excess of Twenty Pages (former empl) (Entered: 04/16/2002) Tendered Motion for Sum Jgm submitted by defendants re: motion for leave to File Sum Jgm Motion in Excess of Twenty Pages [23-1] (former empl) (Entered: 04/16/2002) 24 RESPONSE by plaintiff to motion for leave to File Sum Jgm Motion in Excess of Twenty Pages [23-1] (former empl) (Entered: 04/17/2002) 24 MOTION by plaintiff to strike Motion for Sum Jgm (former empl) (Entered: 04/17/2002) 25 ORDER by Judge John L. Kane ; discovery ddl set 5/31/02 ; disp mtn ddl set 7/12/02 finding the motion to Extend Time to Complete Discovery, Designate Defense Experts and File Dispositive Motion(s) [16-1] moot, denying motion to stay Pending Determination of Entitlement to Qualified Immunity from Dfts McGarry, Eubank, Anaya & Wilks [22-1], granting motion for leave to File Sum Jgm Motion in Excess of Twenty Pages [23-1]; striking Motion by Dfts for Summary Judgment [26-1]; mooting motion to strike Motion for Sum Jgm [24-1] (cc: all counsel) ; entry date : 4/17/02 (former empl) Modified on 04/30/2002 (Entered: 04/17/2002) 26 MOTION by defendants for summary judgment (former empl) (Entered: 04/17/2002) 27 STIPULATION re: for Dismissal with Prejudice of Joseph McGarry by plaintiff Pamela Clifton, defendant Joseph McGary (former empl) (Entered: 04/29/2002) 28 Second MOTION by defendants to Stay Pending Determination of Entitlement to Qualified Immunity (former empl) (Entered: 04/29/2002) 29 MOTION by defendant for summary judgment (former empl) (Entered: 04/29/2002) 30 BRIEF by defendants in support of motion for summary judgment [29-1] (former empl) (Entered: 04/29/2002) 31 MOTION by plaintiff to strike Dfts' second motion for summary judgment [29-1] (former empl) (Entered: 04/30/2002) 32 MINUTE ORDER : by Judge John L. Kane regarding [28-1] motion to Stay Pending Determination of Entitlement to Qualified Immunity response due 5/9/02, denying motion to strike Dfts' second motion for summary judgment [29-1] [31-1], regarding [29-1] motion for summary judgment - reply due 7/23/02 (cc: all counsel) ; entry date : 5/2/02 (former empl) (Entered: 05/02/2002) 33 ORDER Dismissing Party from Case (Joseph McGarry) by Judge John L. Kane granting stipulation [27-1] (cc: all counsel) ; entry date : 5/3/02 (former empl) (Entered: 05/03/2002)

04/17/2002 04/17/2002 04/17/2002

04/17/2002 04/26/2002

04/26/2002 04/26/2002 04/26/2002 04/30/2002 05/01/2002

05/02/2002

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05/09/2002

34 RESPONSE by plaintiff to second motion to Stay Pending Determination of Entitlement to Qualified Immunity [28-1] (former empl) (Entered: 05/10/2002) 35 ORDER by Judge John L. Kane denying motion to Stay Pending Determination of Entitlement to Qualified Immunity [28-1] (cc: all counsel) ; entry date : 5/17/02 (former empl) (Entered: 05/17/2002) 36 Unopposed MOTION by defendants for leave to Submit Reply in Support of Motion to Stay Pending Determination of Entitlement to Qualified Immunity (former empl) (Entered: 05/20/2002) Tendered Reply in Support of Motion to Stay submitted by defendants re: motion for leave to Submit Reply in Support of Motion to Stay Pending Determination of Entitlement to Qualified Immunity [36-1] (former empl) Modified on 05/20/2002 (Entered: 05/20/2002) 37 MINUTE ORDER : by Judge John L. Kane denying as moot motion for leave to Submit Reply in Support of Motion to Stay Pending Determination of Entitlement to Qualified Immunity [36-1] based on the 5/17/02 order [35-1] (cc: all counsel) ; entry date : 5/23/02 (former empl) (Entered: 05/23/2002) 38 MEMORANDUM by Magistrate Judge Boyd N. Boland ; settlement conf held 6/21/02, no settlement was reached (former empl) (Entered: 06/21/2002) 39 NOTICE of Change of pla's counsels' address/phone of Killmer & Lane, LLP by plaintiff (dlb) (Entered: 07/05/2002) 40 Unopposed MOTION by plaintiff for Extension of Time to Respond to Dfts Eubank, Anaya and Wilks' Motion for Sum Jgm (former empl) (Entered: 07/10/2002) 41 MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Respond to Dfts Eubank, Anaya and Wilks' Motion for Sum Jgm [40-1]; response due 8/9/02 and reply due 8/23/02 (cc: all counsel) ; entry date : 7/11/02 (former empl) (Entered: 07/11/2002) 42 MOTION by plaintiff to Recognize the Constitutional and Human Rights of Prison Inmates (former empl) (Entered: 08/09/2002) 43 MOTION by plaintiff for Extension of Time to Respond to Dfts' Motion for Sum Jgm Pending the Court's Ruling on Pltf's Motion to Recognize the Constitutional and Human Rights of Prison Inmates (10 days following the ruling) (former empl) (Entered: 08/09/2002) 44 MINUTE ORDER : by Judge John L. Kane regarding [42-1] motion to Recognize the Constitutional and Human Rights of Prison Inmates, response due 8/30/02; granting motion for Extension of Time to Respond to Dfts' Motion for Sum Jgm Pending the Court's Ruling on Pltf's Motion to Recognize the Constitutional and Human Rights of Prison Inmates (10 days following the ruling) [43-1] (cc: all counsel) ; entry date : 8/12/02 (former empl) (Entered: 08/12/2002)

05/17/2002

05/17/2002

05/17/2002

05/23/2002

06/21/2002

07/03/2002 07/09/2002

07/10/2002

08/08/2002 08/08/2002

08/09/2002

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45 AMENDED MINUTE ORDER : by Judge John L. Kane regarding [441] minute order, regarding [42-1] motion to Recognize the Constitutional and Human Rights of Prison Inmates - response due 8/30/02 and reply due 9/16/02; granting [43-1] motion for Extension of Time to Respond to Dfts' Motion for Sum Jgm Pending the Court's Ruling on Pltf's Motion to Recognize the Constitutional and Human Rights of Prison Inmates (10 days following the ruling) - response to Motion for Sum Jgm due 10 days after court's ruling on Motion to Recognize. . . (cc: all counsel) ; entry date : 8/14/02 (former empl) (Entered: 08/14/2002) 46 MOTION by Dfts Iona Eubanks, Officer Anaya, Officer Wilkes for reconsideration of 8/9/02 minute order [44-1] (former empl) (Entered: 08/14/2002) 47 MINUTE ORDER : by Judge John L. Kane granting motion for reconsideration of 8/9/02 minute order [44-1] [46-1], regarding [45-1] amended minute order, regarding [44-1] minute order; the min order of 8/9/02 as amended 8/13/02 is reiterated (cc: all counsel) ; entry date : 8/15/02 (former empl) (Entered: 08/15/2002) 48 RESPONSE by defendants to motion to Recognize the Constitutional and Human Rights of Prison Inmates [42-1] (former empl) (Entered: 09/03/2002) 49 NOTICE of claim of unconstitutionality (Federal) by plaintiff (pap) (Entered: 09/17/2002) 51 MOTION by plaintiff for one week extension of time to reply to dfts' response to pla's motion to reconize the constitutional and human rights of prison inmates or up to and including 9/23/02 (pap) (Entered: 09/17/2002) 50 CERTIFICATE of Notification of Unconstutionality [49-1] (pap) (Entered: 09/17/2002) 52 MINUTE ORDER : by Judge John L. Kane granting motion for one week extension of time to reply to dfts' response to pla's motion to reconize the constitutional and human rights of prison inmates or up to and including 9/23/02 [51-1] (cc: all counsel) ; entry date : 9/17/02 (former empl) (Entered: 09/17/2002) 53 REPLY by plaintiff to response to motion to Recognize the Constitutional and Human Rights of Prison Inmates [42-1] (former empl) (Entered: 09/24/2002) 54 RESPONSE by United States to certificate [50-1], notice of claim of unconstitutionality [49-1] (dlb) (Entered: 12/04/2002) 55 MINUTE ORDER : by Judge John L. Kane regarding [54-1] response; US' request to inform the court of its decision re: intevention on or before 1/6/03 is granted (cc: all counsel) ; entry date : 12/6/02 (dlb) (Entered: 12/06/2002) 56 Unopposed MOTION by United States to extend tim to 1/27/03 to resp to

08/13/2002

08/14/2002

08/30/2002

09/16/2002 09/16/2002

09/17/2002 09/17/2002

09/23/2002

12/04/2002 12/05/2002

01/06/2003

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:00-cv-02555-JLK-BNB Document 97-3

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the Notice of claim of constitutionality (dlb) (Entered: 01/07/2003) 01/07/2003 57 MINUTE ORDER : by Judge John L. Kane granting United States' motion to extend time to 1/27/03 to resp to the Notice of claim of constitutionality [56-1], regarding [49-1] notice (cc: all counsel) ; entry date : 1/8/03 (dlb) (Entered: 01/08/2003) 58 Memorandum of Law (RESPONSE) by intervenor United States of pla's Notice of Constitutionality of the Challenged Provision of the Prison Litigation Reform Act [49-1] (dlb) (Entered: 01/27/2003) 59 MOTION by intervenor United States of to intervene purs to 28 USC 2403(a) (dlb) (Entered: 01/27/2003) 60 MINUTE ORDER : by Judge John L. Kane regarding [59-1] The United States' motion to intervene purs to 28 USC 2403(a), parties shall file responses before 2/26/03 (cc: all counsel) ; entry date : 1/28/03 (dlb) (Entered: 01/28/2003) 61 MINUTE ORDER : by Judge John L. Kane granting motion to intervene purs to 28 USC 2403(a) [59-1] (cc: all counsel) ; entry date : 3/7/03 (dlb) (Entered: 03/07/2003) 62 NOTICE of Change of counsel's address of Hall & Evans by defendant (dlb) (Entered: 05/28/2003) 63 NOTICE of Entry of Appearance by Marcel Krzystek on behalf of Pamela Clifton (Krzystek, Marcel) (Entered: 10/20/2005) 64 Unopposed MOTION for Ruling on [29] MOTION by defendant for summary judgment by Plaintiff Pamela Clifton. (Lane, David) (Modified on 10/21/2005 to add linkage) (dlb, ). (Entered: 10/20/2005) 65 Unopposed MOTION for Ruling on Plaintiff's motion by Plaintiff Pamela Clifton. (Lane, David) (Entered: 10/21/2005) 66 MINUTE ORDER granting 65 Amended Unopposed MOTION for Ruling on Plaintiff's motion by Plaintiff; however, an opinion will not issue until approx mid-January by Judge John L. Kane on 10/21/05. (dlb, ) (Entered: 10/21/2005) 67 NOTICE of Entry of Appearance of Mari Newman by Mari Anne Newman on behalf of Pamela Clifton (Newman, Mari) (Entered: 10/24/2005) 68 MEMORANDUM AND OPINION AND ORDER [29] MOTION by defendant for summary judgment is denied. [42] MOTION by plaintiff to Recognize the Constitutional and Human Rights of Prison Inmates is denied as moot . Signed by Judge John L. Kane on 3/8/06. (dlb, ) (Entered: 03/08/2006) 69 MINUTE ORDER: On or before 3/23/06 each party shall submit a Brief Confidential Settlement Statement by Magistrate Judge Boyd N. Boland on 3/8/06. (dlb, ) (Entered: 03/09/2006)

01/27/2003

01/27/2003 01/28/2003

03/06/2003

05/27/2003 10/20/2005 10/20/2005

10/21/2005 10/21/2005

10/24/2005

03/08/2006

03/09/2006

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03/13/2006

70 NOTICE of Entry of Appearance by Edmund Martin Kennedy on behalf of Iona Eubanks, Officer Anaya, Officer Wilkes (Kennedy, Edmund) (Entered: 03/13/2006) 71 MOTION for Reconsideration re 68 Memorandum & Opinion by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Entered: 03/17/2006) 72 MOTION to Certify Pursuant to 28 U.S.C. 1292(b) Of This Court's March 8, 2006 Order by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Entered: 03/17/2006) 73 MINUTE ORDER re: 71 MOTION for Reconsideration re 68 Memorandum & Opinion by Defendants and 72 MOTION to Certify Pursuant to 28 U.S.C. 1292(b) Of This Court's March 8, 2006 Order by Defendants. Plaintiff shall respond by 3/31/06 by Judge John L. Kane on 3/21/06. (dlb, ) (Entered: 03/21/2006) 74 First MOTION For Extension of Time to respond to defendant's motions by Plaintiff Pamela Clifton. (Attachments: # 1 Proposed Order (PDF Only))(Lane, David) (Entered: 03/31/2006) 75 RESPONSE to Motion re 74 First MOTION For Extension of Time to respond to defendant's motions filed by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Entered: 04/04/2006) 76 RESPONSE to Motion re 72 MOTION to Certify Pursuant to 28 U.S.C. 1292(b) Of This Court's March 8, 2006 Order filed by Plaintiff Pamela Clifton. (Lane, David) (Entered: 04/04/2006) 77 RESPONSE to Motion re 71 MOTION for Reconsideration re 68 Memorandum & Opinion filed by Plaintiff Pamela Clifton. (Lane, David) (Entered: 04/04/2006) 78 MINUTE ORDER granting 74 First MOTION For Extension of Time to respond to defendant's motions by Plaintiff by Judge John L. Kane on 4/4/06. (dlb, ) (Entered: 04/04/2006) 79 ORDER: 72 MOTION to Certify Pursuant to 28 U.S.C. 1292(b) Of This Court's March 8, 2006 Order by Defendants is denied. 71 MOTION for Reconsideration 68 Memorandum & Opinion by Defendants is granted for the purposes of clarifying that my 3/8/06 order was focused on dfts' assertion that the PLRA posed a jurisdictional bar to pla's claims and that other summary judgment issues remain pending. Parties to confer and file status report by 4/11/06. Signed by Judge John L. Kane on 4/5/06. (dlb, ) (Entered: 04/05/2006) 80 STATUS REPORT Pursuant to Court Order Dated April 5, 2006 by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Entered: 04/11/2006) 81 MINUTE ORDER re: 80 STATUS REPORT. Pla's supplemental resp to mtn for sum jgm are due 6/19/06; dfts' reply is due 7/5/06 by Judge John

03/17/2006

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L. Kane on 4/12/06. (dlb, ) (Entered: 04/13/2006) 06/09/2006 82 Unopposed MOTION to Dismiss Second Claim (Retaliation) by Plaintiff Pamela Clifton. (Attachments: # 1 Proposed Order (PDF Only)) (Krzystek, Marcel) (Entered: 06/09/2006) 83 ORDER granting 82 Unopposed MOTION to Dismiss Second Claim (Retaliation) by Plaintiff with prejudice. Signed by Judge John L. Kane on 6/12/06. (dln, ) (Entered: 06/12/2006) 84 RESPONSE to Motion re [26] Motion for Summary Judgment filed by Plaintiff Pamela Clifton. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12)(Krzystek, Marcel) (Entered: 06/19/2006) 85 NOTICE of Errata re 84 RESPONSE to Motion re [26] Motion for Summary Judgment by Plaintiff Pamela Clifton (Krzystek, Marcel) (Modified on 6/21/2006 to add linkage) (dln, ). (Entered: 06/20/2006) 86 Docket Annotation re: 85 NOTICE of Errata re 84 RESPONSE to Motion re [26] Motion for Summary Judgment by Plaintiff. [Entry modified to add linkage]. Text only entry - no document attached. (dln, ) (Entered: 06/21/2006) 87 Unopposed MOTION for Extension of Time to File Response/Reply as to [30] BRIEF by defendants in support of [29]motion for summary judgment by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Attachments: # 1 Proposed Order (PDF Only))(Kennedy, Edmund) (Modified on 6/30/2006 to correct linkage) (dln, ). (Entered: 06/30/2006) 88 ORDER granting to 7/19/06 to file Supplemental Briefing on issues re: 87 Unopposed MOTION for Extension of Time to File Response/Reply as to [30] BRIEF by defendants in support of [29]motion for summary judgment by Defendants. Signed by Judge John L. Kane on 6/30/06. (dln, ) (Entered: 06/30/2006) 89 BRIEF in Support re [29] Motion for Summary Judgment, [26] Motion for Summary Judgment filed by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Entered: 07/19/2006) 90 Docket Annotation re: 89 BRIEF in Support re [29] Motion for Summary Judgment, [26] Motion for Summary Judgment filed by Defendants filed in error. [Document to be refiled by Counsel as Reply to Response to Motion]. Text only entry - no document attached. (dln, ) (Entered: 07/20/2006) 91 REPLY to Response to Motion re [29] Motion for Summary Judgment, [26] Motion for Summary Judgment filed by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Entered: 07/20/2006) 92 MEMORANDUM AND OPINION and Order Denying Defendants' Motion for Summary Judgment. This case shall be set for pretrial

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conference forthwith. If in the interim, the parties determine a referral to a Magistrate Judge for settlement purposes is appropriate, they need to contact chambers. Signed by Judge John L. Kane on 12/18/06. (jjh, ) (Entered: 12/18/2006) 01/15/2007 93 NOTICE OF APPEAL as to 92 Memorandum & Opinion, by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes (Kennedy, Edmund) (Entered: 01/15/2007) 94 MOTION to Stay Pending Appeal on Qualified Immunity re: 92 MEMORANDUM AND OPINION and Order by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Modified on 1/16/2007 to add linkage) (dln, ). (Entered: 01/15/2007) 95 Renewed MOTION to Certify Pursuant to 28 U.S.C. 1292(b) Of 68 MEMORANDUM AND OPINION AND ORDER by Defendants Iona Eubanks, Officer Anaya, Officer Wilkes. (Kennedy, Edmund) (Modified on 1/16/2007 to add linkage) (dln, ). (Entered: 01/15/2007) 96 Docket Annotation re: 94 MOTION to Stay Pending Appeal on Qualified Immunity re: 92 MEMORANDUM AND OPINION and Order by Defendants and 95 Renewed MOTION to Certify Pursuant to 28 U.S.C. 1292(b) Of 68 MEMORANDUM AND OPINION AND ORDER by Defendants. [Entries modified to add linkage]. Text only entry - no document attached. (dln, ) (Entered: 01/16/2007)

01/15/2007

01/15/2007

01/16/2007

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?282952165605927-L_353_0-1

1/16/2007