Case: Draper v. Walsh

COMPLAINT (FE) (Entered: 07/22/1991)

PRAECIPE for and issued 1 Summs by plaintiff Dacre Beth Draper (FE) (Entered: 07/22/1991)

ATTORNEY APPEARANCE for plaintiff Dacre Beth Draper by Norman P. McDonald (FE) (Entered: 07/22/1991)

RETURN OF SERVICE executed upon defendant John Walsh on 7/23/91 by personal service (20 days) (FE) (Entered: 07/24/1991)

ANSWER by defendant John Walsh to pla's complaint (FE) (Entered: 08/13/1991)

MOTION by defendant John Walsh to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg (FE) (Entered: 08/13/1991)

BRIEF (MEMORANDUM) by defendant John Walsh in support of motion to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg [6-1] (FE) (Entered: 08/13/1991)

PRAECIPE for and issued 1 Summs by plaintiff Dacre Beth Draper (FE) (Entered: 08/14/1991)

RETURN OF SERVICE executed upon defendant John Walsh on 8/16/91 by serving Bd of Cty Comrs of Cleveland Cty by PPS (20 days) (FE) (Entered: 08/22/1991)

RESPONSE by plaintiff Dacre Beth Draper to dfts motion to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg [6-1] or in the alternative mtn of pla for lv to join Bd of Cty Comrs of Cleveland Cty as a pty-dft & mtn for lv to file amended compl & mtn of pla to strike defense (FE) (Entered: 08/22/1991)

MOTION by plaintiff Dacre Beth Draper for leave to join Bd of Cty Comrs of Cleveland Cty as a pty-dft , and to amend complaint , and to strike defense (FE) (Entered: 08/22/1991)

ORDER by Honorable Robin J. Cauthron denying pla's motion to strike defense [10-3] and granting dft's motion to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg [6-1] dismissing party John Walsh (MICRO SEPTEMBER 91) (cc: all counsel) (FE) (Entered: 09/06/1991)

AMENDED COMPLAINT [1-1] by plaintiff Dacre Beth Draper; jury demand adding Cleveland Cty Comrs, John Walsh (ar) (Entered: 09/10/1991)

PRAECIPE for and issued 2 summ by plaintiff Dacre Beth Draper (ar) (Entered: 09/10/1991)

ATTORNEY APPEARANCE for defendant John Walsh by John M Jacobsen (FE) (Entered: 09/12/1991)

ORDER by Honorable Robin J. Cauthron that Pla have & recover an atty fee in the amt of $25,550.(cc: all counsel) (FE) (Entered: 09/12/1991)

RETURN OF SERVICE executed upon defendant John Walsh on 9/23/91 by PPS (20 days) (FE) (Entered: 09/25/1991)

RETURN OF SERVICE executed upon defendant Cleveland Cty Comrs on 9/13/91 PPS (20 days) (FE) (Entered: 09/25/1991)

ANSWER by defendant John Walsh to plaintiff's amended complaint (FE) (Entered: 09/25/1991)

ANSWER by defendants to plaintiffs' amended petition (FE) (Entered: 09/27/1991)

STATUS/SCHEDULING DOCKET ; status scheduling conf set for 11:30 11/7/91 (FE) (Entered: 10/15/1991)

PRETRIAL SCHEDULING CONFERENCE MEMORANDUM (STATUS REPORT) by plaintiff and defendants (FE) (Entered: 11/07/1991)

SCHEDULING ORDER Honorable Robin J. Cauthron ; jury trial set for 3/1/92 ; Mtn to join add'l ptys/amend pldgs l2/l/9l; Pla wit list l2/l5/9l; Dft wit list l2/l5/9l; Pla exh list l2/l5/9l, dft exh list l2/l5/9l; Pla final content l/1/92, dft 5 days t/a; All stip 3/l/92; Mtns in limine 3/l/92; Joint stmt of cs 3/l/92; Req voir dire 3/l/92; Prop findings & conclusions 3/l/92; Pla's cnsl dir to initiate settlm disc now & rpt status by l/l5/92; Discovery set for 1/1/92 ;mtn filing ddl set for 1/15/92 ; pretrial order due 3/1/92 ; status scheduling conference held on 11:30 11/7/91 jury instr due : 3/1/92 voir dire requests due : 3/1/92 trial briefs due : 3/1/92 (cc: all counsel) (FE) (Entered: 11/12/1991)

MOTION by defendant John Walsh for summary judgment (FE) (Entered: 11/20/1991)

JOINT APPLICATION (MOTION) by plaintiff Dacre Beth Draper and defendant John Walsh to extend time to resp to disc req or to hold resp in abeyance until after SJ by John Walsh is ruled upon (FE) (Entered: 11/21/1991)

ORDER by Honorable Robin J. Cauthron denying joint motion to extend time to resp to disc req or to hold resp in abeyance until after SJ by John Walsh is ruled upon [23-1] (cc: all counsel) (FE) (Entered: 11/22/1991)

RESPONSE in opposition by plaintiff Dacre Beth Draper to dft John Walsh's motion for summary judgment [22-1] (FE) (Entered: 11/27/1991)

MOTION by plaintiff Dacre Beth Draper to compel as to dft Bd of Cty Comrs & br in supp (FE) (Entered: 11/27/1991)

APPLICATION (MOTION) by plaintiff Dacre Beth Draper to strike the Mtn to compel filed by plaintiff on ll/27/9l as to dft Bd of Cty Comrs of Cleveland Cty only (FE) (Entered: 12/06/1991)

ORDER by Honorable Robin J. Cauthron striking pla's motion to compel as to dft Bd of Cty Comrs & br in supp [26-1] (cc: all counsel) (FE) (Entered: 12/10/1991)

LETTER RE WITNESS & exhibit list submitted by defendant John Walsh (FE) (Entered: 12/16/1991)

LETTER RE WITNESS & exhibt list submitted by plaintiff Dacre Beth Draper (FE) (Entered: 12/17/1991)

OBJECTIONS by plaintiff Dacre Beth Draper to dft Walsh's witness & exhibit list [29-1] (FE) (Entered: 12/18/1991)

MEMORANDUM OPINION AND ORDER by Honorable Robin J. Cauthron denying dft Walsh's motion for summary judgment [22-1] (MORE FULLY SET OUT) (cc: all counsel) (FE) (Entered: 12/20/1991)

SUPPLEMENT by plaintiff Dacre Beth Draper re witness & exhibit list [30-1] (FE) (Entered: 12/24/1991)

OBJECTIONS by plaintiff Dacre Beth Draper to dft John Walsh & Bd of Comrs of Cleveland Cty's witness & exhibit list [29-1] (FE) (Entered: 12/24/1991)

NOTICE OF APPEAL by defendant John Walsh from Dist. Court decision, Opinion and Order entered December 17, 1991. w/s [36-1] (92-6006) (hm) Modified on 01/16/1992 (Entered: 01/02/1992)

NOTICE by defendant Cleveland Cty Comrs of taking deposition of Dacre Beth Draper (FE) (Entered: 12/24/1991)

RECEIVED re appeal [36-1] fee in amount of $ 105.00 ( Receipt # 019753) (hm) (Entered: 01/02/1992)

CLERK'S LETTER re: service of Notice of Appeal, with copy of letter, Notice of Appeal and docket sheet as preliminary record mailed to CCA and counsel (hm) (Entered: 01/02/1992)

FINAL CONTENTIONS by defendant John Walsh (FE) (Entered: 01/07/1992)

FINAL CONTENTIONS by defendant Cleveland Cty Comrs and defendant John Walsh as sheriff of Cleveland Cty (FE) (Entered: 01/07/1992)

NOTICE of Transcript Order Form by dft (Jacobsen) a transcript is not necessary, cc: CCA and counsel (FE) (Entered: 01/08/1992)

CLERK'S letter to CCA and counsel advising a transcript is not necessary and the record on appeal is ready to transmit (FE) (Entered: 01/08/1992)

MOTION by plaintiff Dacre Beth Draper for partial summary judgment as to the issue of liability only & supp br (FE) (Entered: 01/13/1992)

ORDER by Honorable Robin J. Cauthron Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 90 days to obtain final determination, action will be deemed dismissed with prejudice (MICRO JANUARY 92) (cc: all counsel) (FE) (Entered: 01/24/1992)

CCA'S certified copy of order (re: consideration of the joint motion withdrawing appeal, it is ordered appeal be and is dismissed; each party shall bear its own costs (Hoecker) #92-6006 (FE) (Entered: 02/20/1992)

JUDGMENT: by Honorable Robin J. Cauthron: That plaintiff have and recover judgment against the defendant for $20,000.00 with interest theron from March 30, 1992, at the statutory rate. (cc: all counsel) (hm) (Entered: 05/01/1992)

ASSIGNMENT OF JUDGMENT of plf Dacre Beth Draper (cc: all counsel) (hm) (Entered: 05/07/1992)

ORDER directing preparation of certification of registration for filing in a separate district by Honorable Wayne E. Alley (cc: all counsel) (hm) (Entered: 05/07/1992)

AMENDED JOURNAL ENTRY OF JUDGMENT: by Honorable Wayne E. Alley; that plf have and recover judgment against the dft for $20,000.00 with interest theron from March 30, 1992, at the statutory rate. (cc: all counsel) (hm) (Entered: 05/07/1992)