Case: Lemons v. Pattonville-Bridgeton Fire Protection District

Lemons v. Pattonville-Bridgeton Fire Protection Distict

COMPLAINT; # Waivers of Service Issued: 12 # Counts: 8 Disclosure of Corp Cert issued to: defendant; jury demand exhibits attached: 1 - 3 (CF) (Entered: 07/21/2003)

RECEIPT # S2003-009467 in the amount of $ 150.00 for Civil Filing Fee (CF) (Entered: 07/21/2003)

TRACK INFORMATION STATEMENT filed by plaintiff Terrance Keith Lemons track 2 preferred (CF) (Entered: 07/21/2003)

ORDER by Honorable Charles A. Shaw IT IS HEREBY ORDERED that this case is transmitted to the Clerk of the Court for random reassignment. (cc: all counsel) (KXS) (Entered: 07/22/2003)

ORDER (JGW) IT IS HEREBY ORDERED that the above styled case is randomly reassigned from Judge Shaw to Judge Webber. Case reassigned to Honorable E. Richard Webber (cc: all counsel) (KXS) Modified on 07/23/2003 (Entered: 07/23/2003)

ATTORNEY APPEARANCE for defendant Local 2665 IAFF by Jeffrey E. Hartnett, James R. Kimmey III (KXS) (Entered: 08/12/2003)

ORDER RELATING TO DISPOSITIVE MOTIONS - RETURN OF NOTICE OF MOTION FILED UNDER RULE 4.05 by Honorable E. Richard Webber IT IS HEREBY ORDERED that the Clerk of Court shall return the Notice of Motion filed by deft Local 2665 to the atty of record along with a copy of this Order. Any motions to dismiss, motions for summary judgment, or motions for judgment on the pleadings filed prior to the issuance of a Case Management Order shall follow the following briefing schedule: dispositive motion filed; briefs in opposition shall be filed within twenty days; and any reply briefs shall be filed within five days. (cc: all counsel) (MCB) (Entered: 08/13/2003)

ATTORNEY APPEARANCE for defendant Pattonville Fire, defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone, defendant Herb Jacobs, defendant Steve Wolf by Charles B. Jellinek, Timothy C. Mooney Jr. (CQL) (Entered: 08/18/2003)

MOTION by defendant Pattonville Fire, defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone, defendant Herb Jacobs, defendant Steve Wolf EXTENTION OF TIME TO ANSWER thru 9/17/03 (CQL) (Entered: 08/18/2003)

RULED DOCUMENT by Honorable E. Richard Webber granting motion EXTENTION OF TIME TO ANSWER thru 9/17/03 [8-1] EXTENTION OF TIME TO ANSWER for Pattonville Fire, Dan Bishop, Bill Esterline, Roy Bone, Herb Jacobs, Steve Wolf has been extended until 9/17/2003 (cc: all counsel) (GLF) (Entered: 08/20/2003)

MOTION by defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone to dismiss case W/Memorandum in Support (GLF) (Entered: 09/19/2003)

MOTION by defendant Herb Jacobs, defendant Steve Wolf to dismiss case , or for more definite statement w/Memorandum in support. (GLF) (Entered: 09/19/2003)

MOTION by defendant Pattonville Fire to dismiss Counts II, III, VI, and VIII W/Memorandum in Support. (GLF) Modified on 09/19/2003 (Entered: 09/19/2003)

ANSWER by defendant Pattonville Fire to [1-1] (GLF) (Entered: 09/19/2003)

TRACK INFORMATION STATEMENT filed by defendant Pattonville Fire, defendant Dan Bishop, defendant Bill Esterline, defendant Roy Bone, defendant Herb Jacobs, defendant Steve Wolf track 2 (Standard) preferred (GLF) (Entered: 09/19/2003)

MOTION by plaintiff Terrance Keith Lemons to extend time up to and including October 17, 2003 in which to file his response to motion to dismiss and/or first amended complaint (MCB) (Entered: 09/26/2003)

RULED DOCUMENT by Honorable E. Richard Webber granting motion to extend time up to and including October 17, 2003 in which to file his response to motion to dismiss and/or first amended complaint [16-1] (cc: all counsel) (CQL) (Entered: 09/29/2003)

TRACK INFORMATION STATEMENT filed by defendant Local 2665 IAFF track 2 preferred (CQL) (Entered: 10/07/2003)

ORDER TO SHOW CAUSE pltff shall within 14 days of this order show cause why defts' motions to dismiss should not be granted. Signed by Judge E. Richard Webber on 11/13/03. (CQL, ) (Entered: 11/13/2003)

MOTION for Leave to file First Amended Complaint or Respond to Motions to Dismiss by Plaintiff Terrance Keith Lemons. (PTL, St. Louis) (Entered: 11/26/2003)

ORDER In Court Hearing set for 12/4/2003 01:30 PM before Honorable E. Richard Webber.. Signed by Judge E. Richard Webber on 12/1/03 for the motion for leave to file a First Amended Complaint by plaintiff. (CQL, ) (Entered: 12/01/2003)

FIRST AMENDED COMPLAINT against all defendants Jury Demand, filed by Plaintiff Terrance Keith Lemons.(HAS, ) (Entered: 12/04/2003)

Minute Entry for proceedings held before Judge E. Richard Webber : Motion Hearing held on 12/4/2003 re 20 MOTION for Leave to file First Amended Complaint filed by Terrance Keith Lemons. Order to follow. (Court Reporter or FTR Gold Operator initials:D. Kriegshauser.) (FTR Gold yes or no: no.) (MCB, ) (Entered: 12/04/2003)

ORDER denying [10] Motion to Dismiss, denying [11] Motion to Dismiss Case, denying [12] Motion to Dismiss Case, denying [12] Motion for More Definite Statement, denying [13] Motion to Dismiss, granting 20 Motion for Leave to file an amended complaint Signed by Judge E. Richard Webber on 12/4/03. (CQL, ) (Entered: 12/04/2003)

ANSWER to Amended Complaint by Pattonville-Bridgeton Fire Protection District.(Mooney, Timothy) (Entered: 12/09/2003)

MOTION to Dismiss Case or for More Definite Statement by Defendants Herb Jacobs, Steve Wolf. (Attachments: # 1)(Mooney, Timothy) (Entered: 12/09/2003)

MOTION to Dismiss Case and Memo in Support by Defendants Dan Bishop, Roy Bone, Bill Esterline. (Attachments: # 1)(Mooney, Timothy) (Entered: 12/09/2003)

MOTION to Dismiss :Counts II, III, IV, VI and VIII by Defendant Pattonville-Bridgeton Fire Protection District. (Attachments: # 1 # 2)(Mooney, Timothy) (Entered: 12/09/2003)

MOTION to Dismiss Counts I, IV, VII and IX by Defendant Local 2665 International Association of Fire Fighters. (Attachments: # 1 # 2 Text of Proposed Order)(Kimmey, James) (Entered: 12/11/2003)

RESPONSE/Memorandum in Opposition re 27 MOTION to Dismiss Case and Memo in Support filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)

RESPONSE/Memorandum in Opposition re 26 MOTION to Dismiss Case or for More Definite Statement filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)

RESPONSE/Memorandum in Opposition re 28 MOTION to Dismiss :Counts II, III, IV, VI and VIII filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)

RESPONSE/Memorandum in Opposition re 29 MOTION to Dismiss Counts I, IV, VII and IX filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 12/24/2003)

REPLY to Response to Motion re 29 MOTION to Dismiss Counts I, IV, VII and IX filed by Defendant Local 2665 International Association of Fire Fighters. (Attachments: # 1 Exhibit Exhibit A)(Kimmey, James) (Entered: 12/30/2003)

REPLY MEMORANDUM in Support of Motion re 26 MOTION to Dismiss Case or for More Definite Statement filed by Defendants Herb Jacobs, Steve Wolf. (Mooney, Timothy) Modified on 1/2/2004 by adding 'reply' (MCB). (Entered: 12/31/2003)

REPLY MEMORANDUM in Support of Motion re 28 MOTION to Dismiss :Counts II, III, IV, VI and VIII filed by Defendant Pattonville- Bridgeton Fire Protection District. (Mooney, Timothy) Modified on 1/2/2004 by adding 'reply' (MCB). (Entered: 12/31/2003)

REPLY MEMORANDUM in Support of Motion re 27 MOTION to Dismiss Case and Memo in Support filed by Defendants Dan Bishop, Roy Bone, Bill Esterline. (Mooney, Timothy) Modified on 1/2/2004 by adding 'reply' (MCB). (Entered: 12/31/2003)

Docket Text ORDER: Plaintiff's Motion to File Responses One Day Out of Time [doc. #34] is GRANTED. Responses and Memoranda (documents 30, 31, 32, and 33) are accepted for filing. So Ordered by Judge E. Richard Webber on 01/06/2004. (BAB) (Entered: 01/06/2004)

First MOTION to Compel by Defendant Pattonville-Bridgeton Fire Protection District. (Jellinek, Charles) (Entered: 01/26/2004)

RESPONSE in Opposition re 39 First MOTION to Compel filed by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 02/03/2004)

Docket Text ORDER: Counsel for all parties shall appear before this Court for a Motion Hearing on February 12, 2004, at 10:00 a.m. regarding Defendant Pattonville-Bridgeton Fire Protection District's Motion to Compel [doc. #39]. This hearing will be held in Courtroom 12 South of the U.S. District Court. So Ordered by Judge E. Richard Webber on 02/03/2004. (BAB) (Entered: 02/03/2004)

Docket Text ORDER: Due to a scheduling conflict with this Court's calendar, the Motion Hearing previously scheduled for February 12, 2004, is reset and will be held on February 13, 2004, at 3:00 p.m. So Ordered by Judge E. Richard Webber on 02/10/2004. (BAB) (Entered: 02/10/2004)

ORDER finding as moot 39 Motion to Compel; IT IS FURTHER ORDERED that Plaintiff shall pay $250.00 to Defendant as a discovery sanction, Signed by Judge E. Richard Webber on February 18, 2004.(GLF) (Entered: 02/18/2004)

MOTION to Intervene by United States of America . (Attachments: # 1 Memorandum in Support# 2 Certificate of Public Importance# 3 Text of Proposed Order # 4 Complaint in Intervention)(Schenk, Claire) (Entered: 06/02/2004)

MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Intervene by United States of America Unopposed Motion by Defendants Dan Bishop, Roy Bone, Bill Esterline, Herb Jacobs, Pattonville-Bridgeton Fire Protection District, Steve Wolf. (Mooney, Timothy) (Entered: 06/10/2004)

MEMORANDUM AND ORDER granting 26 Motion to Dismiss Case, granting 27 Motion to Dismiss Case, granting 28 Motion to Dismiss, granting 29 Motion to Dismiss (Terms all counts and claims except for Counts I and V against defendant Pattonville-Bridgeton Fire Protection District) All other defendants are termed Signed by Judge E. Richard Webber on 6/10/04. (CQL) (Entered: 06/10/2004)

JUDGMENT is for all defendants and all claims and against the plaintiff in all claims but Counts I and V against Defendant Pattonville- Bridgeton Fire Protection District.. Signed by Judge E. Richard Webber on 6/10/04. (CQL) (Entered: 06/10/2004)

Docket Text ORDER: Defendant Pattonville-Bridgeton Fire Protection District's Unopposed Motion for Extension of Time [doc. #44] is GRANTED. Defendant's Response to the United States' Motion to Intervene shall be filed with this Court no later than June 21, 2004. So Ordered by Judge E. Richard Webber on 06/15/2004. (BAB) (Entered: 06/15/2004)

RESPONSE in Opposition re 43 MOTION to Intervene by United States of America filed by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 06/21/2004)

NOTICE by Intervenor Plaintiff United States of America Counsel for the United States Appearance: (Lewenberg, Sara) (Entered: 06/24/2004)

REPLY to Response to Motion re 43 MOTION to Intervene by United States of America United States' Reply to Defendant Pattonville FPD's Response to United States' Motion to Intervene filed by Intervenor Plaintiff United States of America. (Toomey, Kathleen) (Entered: 06/25/2004)

Docket Text ORDER: A hearing on United States of America's Motion to Intervene [doc. #43] will be held on July 13, 2004, at 10:00 a.m. in Courtroom 12 South of the U.S. District Court. So Ordered by Judge E. Richard Webber on 07/08/2004. (BAB) (Entered: 07/08/2004)

MEMORANDUM re 43 MOTION to Intervene by United States of America , Docket Text Order Consent to Government's Motion to Intervene by Plaintiff Terrance Keith Lemons. (Shalowitz, Howard) (Entered: 07/11/2004)

Minute Entry for proceedings held before Judge E. Richard Webber : In Court Hearing held on 7/13/2004 on USA's motion to intervene; Motion is granted; Intervention complaint to be filed. (Court Reporter or FTR Gold Operator initials:gbeilsmith.) (FTR Gold yes or no: no.) (CQL, ) (Entered: 07/13/2004)

Intervenor COMPLAINT Jury DemandDemand,, filed by United States of America.(CQL) (Entered: 07/13/2004)

WAIVER OF SERVICE Returned Executed filed by United States of America Pattonville-Bridgeton Fire Protection District waiver signed on 7/28/2004, answer due 9/27/2004. (Niles, Sara) (Entered: 08/09/2004)

ANSWER to Intervenor Complaint by Pattonville-Bridgeton Fire Protection District.(Mooney, Timothy) (Entered: 08/30/2004)

RULE 16 ORDER This case is assigned to Track: 2 (Standard) Joint Scheduling Plan due by 9/17/2004. Rule 16 Conference set for 9/23/2004 09:00 AM in In Chambers before Honorable E. Richard Webber. Signed by Judge E. Richard Webber on August 31, 2004. (MCB) (Entered: 08/31/2004)

JOINT SCHEDULING PLAN by Intervenor Plaintiff United States of America.. (Toomey, Kathleen) (Entered: 09/15/2004)

Minute Entry for proceedings held before Judge E. Richard Webber : Rule 16 Conference held on 9/23/2004. (Court Reporter or FTR Gold Operator initials:none.) (MCB) (Entered: 09/23/2004)

CASE MANAGEMENT ORDER This case is assigned to Track: 2 Motion to Join Parties due by 10/4/2004. Discovery Completion due by 5/20/2005. Non-Dispositive Motions due by 5/31/2005. ADR Future Reference 2/1/2005. Dispositive Motions due by 6/10/2005. Jury Trial set for 9/6/2005 08:30 AM in Courtroom 12S before Honorable E. Richard Webber. Pretrial Conference set for 8/26/2005 08:30 AM in In Chambers before Honorable E. Richard Webber. Pretrial Compliance due by 8/17/2005. Signed by Judge E. Richard Webber on September 28, 2004. (MCB) (Entered: 09/28/2004)

RESPONSE TO COURT ORDER re 59 Case Management Order,, proposed clarifications by Intervenor Plaintiff United States of America. (Niles, Sara) (Entered: 10/07/2004)

Docket Text ORDER: By agreement of all parties and this Court, the following modifications are made to this Court's Case Management Order: (1) The parties shall disclose any existing expert reports required by Rule 26(a)(2), Fed.R.Civ.P. by October 15, 2004; (2) Each side shall be limited to sixteeen (16) depositions and twenty-five (25) interrogatories per side; and (3) The parties shall have an opportunity to object to any requests for physical or mental examinations of parties pursuant to Rule 35, Fed.R.Civ.P. by February 11, 2005. So Ordered by Judge E. Richard Webber on 10/08/2004. (BAB) (Entered: 10/08/2004)

ORIGINAL TRANSCRIPT (Pilot) procedings of Motion Hearing held on 7/13/04 before Judge E. Richard Webber. Court Reporter: G. Beilsmith. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 11/22/2004)

MOTION for Extension of Time to File ;Extension to file the following: Request for a Rule 35 Examination ;Proposed extension date January 28, 2005 by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 01/21/2005)

NOTICE by Intervenor Plaintiff United States of America of Appearance of Carl Wasserman Appearance: (Toomey, Kathleen) (Entered: 01/23/2005)

Docket Text ORDER: Counsel for all parties shall be available on Wednesday, January 26, 2005, at 10:00 a.m. to participate in a telephone Motion Hearing on Defendant Pattonville-Bridgeton Fire Protection District's Motion for Extension of Time to File Request for a Rule 35 Examination [doc. #62]. This Court will initiate this conference with counsel for all parties at the time and date stated above. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 01/24/2005)

MOTION for Order for Rule 35 Mental Examination by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 01/28/2005)

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Howard A. Shalowitz ADR Completion Deadline due by 5/2/2005. Designation of Neutral due by 3/1/2005. ADR Conference Schedule due by 3/1/2005. Signed by Judge E. Richard Webber on 1/31/2005. (JMW, ) (Entered: 01/31/2005)

MEMORANDUM in Opposition re 64 MOTION for Order for Rule 35 Mental Examination Partial Opposition of Plaintiff and Plaintiff Intervenor filed by Intervenor Plaintiff United States of America. (Attachments: # 1)(Toomey, Kathleen) (Entered: 02/03/2005)

Docket Text ORDER: Counsel for all parties shall be available for a telephone motion hearing on Tuesday, February 8, 2005, at 11:30 a.m. regarding Defendant's Motion for Order for Rule 35 Mental Examination [doc. #64]. This Court will initiate this conference call with counsel at the date and time stated above. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 02/04/2005)

REPLY re 64 MOTION for Order for Rule 35 Mental Examination filed by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) Modified on 2/8/2005 (MCB). (Entered: 02/07/2005)

Minute Entry for proceedings held before Judge E. Richard Webber : Telephone Conference held on 2/8/2005. Parties present for telephone conference on Pattonville-Bridgeton's Motion for Order for Rule 35 Mental Examination #64. Arguments heard. Order to follow. (Court Reporter or FTR Gold Operator initials:G. Beilsmith.) (proceedings started: 11:35.) (proceedings ended: 12:00.) (MCB) (Entered: 02/08/2005)

ORDER granting 64 Motion for Rule 35 Mental Examination 64. (See Order for date, time and details) Signed by Judge E. Richard Webber on 2/8/05. (BAK, ) (Entered: 02/08/2005)

MOTION for Protective Order by Defendant Pattonville-Bridgeton Fire Protection District. (Attachments: # 1)(Mooney, Timothy) (Entered: 02/25/2005)

Docket Text ORDER: Motion for Protective Order [doc. #70 ] is GRANTED. The Court hereby enters the Protective Order as stipulated by the parties. So Ordered by Judge E. Richard Webber. (Entered: 02/28/2005)

Designation of Neutral by parties and ADR Conference Report by Plaintiff Terrance Keith Lemons Neutral: Michael Geigerman Date of Conference: Monday, May 16, 2005 time: 9:00 a.m. Location: U.S.A.&M., 720 Olive Street, St. Louis, MO 63101(Shalowitz, Howard) (Entered: 03/01/2005)

NOTICE by Intervenor Plaintiff United States of America Appearance: (Wasserman, Carl) (Entered: 03/08/2005)

NOTICE of Appointment of Neutral Neutral name: Mike Geigerman, Neutral selected by parties, notice of appointment and order of referral e-mailed to Neutral Geigerman.(SAC, ) (Entered: 03/09/2005)

NOTICE by Intervenor Plaintiff United States of America Filing Documents Under Seal: (Toomey, Kathleen) (Entered: 05/09/2005)

SEALED MOTION to Compel filed by Intervenor Plaintiff United States of America. Filed with attached Memorandum in Support and Exhibits 1-13.(BDC) (Entered: 05/11/2005)

Docket Text ORDER: Counsel for all parties shall appear before this Court on May 18, 2005, at 10:00 a.m. for a hearing on Intervenor's Motion to Compel [doc. #75]. This hearing will be held in Courtroom 12 South of the U.S. District Court. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 05/12/2005)

Joint MOTION to Stay Discovery Pending Final Approval of Settlement Agreement by Intervenor Plaintiff United States of America. (Toomey, Kathleen) (Entered: 05/17/2005)

Docket Text ORDER: Joint Motion to Stay Discovery [doc. #76] is GRANTED. Discovery in this matter is stayed until June 8, 2005, in order to finalize the settlement agreement reached by the parties. The May 18, 2005 hearing on Intervenor's Motion to Compel [doc. #75] is VACATED. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 05/18/2005)

ADR COMPLIANCE REPORT by Neutral: Mike Geigerman, Date of Conference: May 16, 2005, participated in good faith: yes, the parties DID achieve a settlement(SAC, ) (Entered: 05/23/2005)

Joint MOTION to Approve Consent Judgment by Intervenor Plaintiff United States of America, Defendant Pattonville-Bridgeton Fire Protection District. (Wasserman, Carl) (Entered: 08/03/2005)

MEMORANDUM in Support of Motion re 78 Joint MOTION to Approve Consent Judgment filed by Intervenor Plaintiff United States of America, Defendant Pattonville-Bridgeton Fire Protection District. (Attachments: # 1)(Wasserman, Carl) (Entered: 08/03/2005)

CONSENT DECREE:... See document for details. Terminating doc.#78 Joint MOTION to Approve Consent Judgment filed by Pattonville- Bridgeton Fire Protection District, United States of America. Terminating Case. Signed by Judge E. Richard Webber on 8/16/2005. (BDC) (Entered: 08/16/2005)

NOTICE of Filing Exhibit with the Clerk's Office in paper format by Intervenor Plaintiff United States of America (Wasserman, Carl) (Entered: 08/26/2005)

Joint MOTION to Dismiss Case Stipulation of Dismissal by Defendant Pattonville-Bridgeton Fire Protection District. (Mooney, Timothy) (Entered: 08/26/2005)

Docket Text ORDER: The Court has received the Stipulation of Dismissal [doc. #82] filed by the parties. All claims are dismissed with prejudice with each party to bear his or its own costs. So Ordered by Judge E. Richard Webber. (BAB) (Entered: 08/30/2005)