Case: United States v. Maury County

COMPLAINT (Summons(es) issued) (af) (Entered: 10/02/1995)

NOTICE of Initial Case Management Conference ; Case Management Conference set for 3:00 11/16/95 before Judge Higgins (af) (Entered: 10/02/1995)

NOTICE from Courtroom Deputy resetting Case Mgt. Conference to 11/27/95 at 1:30 pm (mk) (Entered: 10/12/1995)

MOTION to intervene by Penny Lummis and Tracy Roberts. (mk) (Entered: 10/25/1995)

MEMORANDUM by intevenor pltf Penny Lummis, intevenor pltf Tracy Roberts in support of mtn to intervene [4-1]. (mk) (Entered: 10/25/1995)

RESPONSE by pltf USA to mtn to intervene by Penny Lummis and Tracy Roberts. [4-1] (mk) (Entered: 11/06/1995)

ORDER by Judge Thomas A. Higgins granting mtn to intervene by Penny Lummis and Tracy Roberts. [4-1] (cc: all counsel) EOD 11/8/95 (mk) (Entered: 11/08/1995)

ANSWER by defts Maury Co. Board of Commissioners and Maury County Sheriff to [1-1]. (mk) (Entered: 11/17/1995)

MOTION by pltf USA to continue case management conference currently set for 11/27/95 at 1:30 (pl) (Entered: 11/17/1995)

ORDER by Judge Thomas A. Higgins finding the motion to continue case management conference currently set for 11/27/95 at 1:30 [9-1] moot. (cc: all counsel) EOD 11/20/95 (pl) (Entered: 11/20/1995)

PROPOSED Case Management Order (mk) (Entered: 11/21/1995)

SCHEDULING ORDER by Judge Thomas A. Higgins: Jury trial set for 10:00 10/21/96 in Columbia, TN. Final pretrial conference set for 1:30 9/16/96 in Nashville with proposed pre- trial order due at that time. Discovery deadline set for 5/24/96 and dispositive mtn filing ddl set for 6/7/96. (cc: all counsel) EOD 11/29/95 (mk) (Entered: 11/29/1995)

ATTORNEY APPEARANCE for pltf USA by Barbara J. Meacham. (mk) (Entered: 01/31/1996)

MOTION by pltf USA to extend time to identify expert witnesses and provide expert report. (mk) Modified on 09/17/1996 (Entered: 01/31/1996)

MEMORANDUM by pltf USA in support of mtn to extend time to identify expert witnesses and provide expert report. [14-1] (mk) (Entered: 01/31/1996)

PROPOSED Order re mtn to extend time. (mk) (Entered: 01/31/1996)

ORDER by Judge Thomas A. Higgins granting pltf's mtn to extend time to identify expert witnesses and provide expert report [14-1]. Pltf USA and intervenor pltfs shall declare to defts the identify of expert witnesses by close of business 3/4/96. Defts shall declare identity of expert witnesses by close of business 4/8/96. EOD 2/5/96 [14-1] (cc: all counsel) (mk) Modified on 09/17/1996 (Entered: 02/05/1996)

ATTORNEY APPEARANCE for defts Maury Co. Board of Commissioners and Sheriff of Maury Co. by Thomas Wesley Hardin. (mk) (Entered: 02/23/1996)

SECOND UNOPPOSED MOTION by pltf USA to extend time to identify expert witnesses and provide expert reports , and to modify case management order . (mk) (Entered: 05/30/1996)

MEMORANDUM by pltf USA in support of mtn to extend time to identify expert witnesses and provide expert reports [18-1] and to modify case management order [18-2] (mk) (Entered: 05/31/1996)

PROPOSED Order re: mtn #18 (mk) (Entered: 05/30/1996)

ORDER by Judge Thomas A. Higgins granting pltf's second mtn to extend time to identify expert witnesses and provide expert reports [18-1] and to modify case management order [18- 2]. EOD 6/4/96 (cc: all counsel) (mk) (Entered: 06/04/1996)

CLERK'S RESUME of telephone conference re: deposition of witness, Ms. Cook. (mk) (Entered: 06/28/1996)

MOTION by intevenor pltfs Penny Lummis and Tracy Roberts to compel Kristen Cook to appear for a deposition , and to pay sanctions for expenses incurred in 2 prior attempts to depose her (with attachments) (mk) (Entered: 07/01/1996)

AFFIDAVIT of Anne C. Martin re [22-1] and [22-2]. (mk) (Entered: 07/01/1996)

PROPOSED Order re: mtn for order to compel and sanctions. (mk) (Entered: 07/01/1996)

ATTORNEY APPEARANCE for defts Sheriff, Maury Co. and Maury Co. Board of Commissioners by Kim B. Kettering. (mk) (Entered: 07/17/1996)

ORDER TO SHOW CAUSE by Judge Thomas A. Higgins: Hearing to show cause set for 2:30 8/6/96 as to why she should not be punished for contempt in refusing to testify and sanctions imposed. USM is directed to serve Ms. Cook personally with a copy of this order and make due return that the same has been served as directed. EOD 7/26/96 (cc: all counsel) (mk) (Entered: 07/26/1996)

RESPONSE by movant Kristen Cook to mtn compelling her to appear for depo and to pay sanctions. (mk) (Entered: 07/29/1996)

NOTICE by intevenor pltfs Penny Lummis and Tracy Roberts of filing copy of second depo of Kristen Cook in support of their mtn for sanctions with attached copy of depo. (mk) (Entered: 08/02/1996)

RETURN OF SERVICE executed upon Kristen Cook on 8/2/96 for show cause hearing on 8/6/96 as ordered by Judge Higgins [25-1]. (mk) (Entered: 08/05/1996)

NOTICE by intevenor pltfs Penny Lummis and Tracy Roberts of filing copy of 3rd deposition of Kristen Cook taken 7/31/96 in support of mtn for sanctions. (with copy attached) (mk) (Entered: 08/05/1996)

CLERK'S RESUME: Motion for sanctions hearing held in Columbia. Defendants to submit papers re payment of witness fees. C/R: Jim Spence (pl) (Entered: 08/07/1996)

WITNESS/EXHIBIT list by deft Maury Co Sheriff and Maury County Commissioners. (mk) (Entered: 08/15/1996)

WITNESS/EXHIBIT list by pltf USA. (mk) (Entered: 08/26/1996)

OBJECTIONS by deft Sheriff Maury County to pltf's exhibits and witness list. [32-1] (mk) (Entered: 08/30/1996)

OBJECTIONS by deft Sheriff Maury County to intervenors exhibits and witness list. [30-1] (mk) (Entered: 08/30/1996)

MOTION by pltf USA to strike defts' untimely identified witnesses and objections to defts' trial exhibits. (mk) (Entered: 09/04/1996)

MEMORANDUM by pltf USA in support of mtn to strike defts' untimely identified witnesses and objections to defts' trial exhibits. [35-1] (mk) (Entered: 09/04/1996)

PROPOSED Order re: mtn to strike defts' untimely identified witnesses. (mk) (Entered: 09/04/1996)

PROPOSED Order re: mtn to strike witnesses (mk) (Entered: 09/04/1996)

RESPONSE by defts to mtn to strike untimely identified witnesses and objections to defts' trial exhibits [35-1] w/attached exhibit A (ts) (Entered: 09/13/1996)

CLERK'S RESUME of pretrial conference held 9/16/96. PTO submitted. Mtn for sanctions to be denied. Compensatory damages issue to be briefed by 10/3/96. C/R : Jim Spence (mk) (Entered: 09/17/1996)

PRE-TRIAL ORDER approved by Judge Thomas A. Higgins: EOD 9/17/96 (cc: all counsel) (mk) (Entered: 09/17/1996)

ORDER by Judge Thomas A. Higgins denying mtn of intervenor pltfs' to compel Kristen Cook to appear for a deposition [22-1], and to pay sanctions for expenses incurred in 2 prior attempts to depose her [22-2]. EOD 9/18/96 (cc: all counsel) (mk) (Entered: 09/18/1996)

BRIEF FILED by intevenor pltfs Penny Lummis and Tracy Roberts regarding application of the compensatory damages caps set for in 42 USC Sec. 1981a [38-2] with attachments. (mk) (Entered: 10/04/1996)

PROPOSED JURY INSTRUCTIONS submitted by defts Maury Co. Commissioners and Sheriff, Maury Co. (mk) Modified on 10/07/1996 (Entered: 10/07/1996)

PROPOSED JURY INSTRUCTIONS submitted by pltfs USA, and intevenor pltfs Penny Lummis and Tracy Roberts. (mk) (Entered: 10/07/1996)

MOTION and incorporated memorandum by defts to exclude the admission of the deposition of J. Wade Matheny as substantive evidence. (mk) (Entered: 10/16/1996)

AMENDMENTS by pltf USA and intevenor Lummis and Roberts to proposed jury instructions [43-1]. (mk) (Entered: 10/17/1996)

MEMORANDUM BRIEF by defts in response to intervenor pltf's brief regarding application of the compensatory damages caps set forth in 42 USC 1981. [41-1] (mk) (Entered: 10/18/1996)

MEMORANDUM by defts in support of motion in limine to strike intervening plaintiffs' errata sheets [47-1] with attachments (pl) (Entered: 10/21/1996)

MOTION by deft in limine to strike intervening plaintiffs' errata sheets (pl) (Entered: 10/21/1996)

WITNESS list submitted by defts (pl) (Entered: 10/21/1996)

EXHIBIT list by defts (pl) (Entered: 10/21/1996)

AMENDED PROPOSED JURY INSTRUCTIONS submitted by defts (pl) (Entered: 10/21/1996)

MOTION by pltf USA to deny defts' untimely filed mtn to exclude the deposition of J. Wade Matheny as substantive evidence. (mk) (Entered: 10/23/1996)

EXHIBIT list by pltf USA. (mk) (Entered: 10/28/1996)

WITNESS list submitted by pltf USA. (mk) (Entered: 10/28/1996)

EXHIBIT list by intevenor pltfs (pl) (Entered: 10/29/1996)

AMENDMENT by pltf USA to witness list [54-1]. (mk) (Entered: 10/30/1996)

PROPOSED Order re: mtn to exclude excerpts from depo of J. Wade Matheny. (mk) (Entered: 10/30/1996)

JURY INSTRUCTIONS 1 - 5 submitted by defts (pl) (Entered: 10/31/1996)

CLERK'S RESUME Jury trial ended 11/1/96. Jury found for defendants. Clerk directed to enter judgment dismissing case with prejudice. C/R: Jim Spence (pl) Modified on 11/04/1996 (Entered: 11/04/1996)

JURY CHARGE filed (pl) Modified on 11/04/1996 (Entered: 11/04/1996)

VERDICT for deft Sheriff of Maury Co. and Commissioners of Maury against pltfs USA and intevenor pltfs Penny Lummis and Tracy Roberts (pl) (Entered: 11/04/1996)

JUDGMENT in a Civil Case: This action came before Court for trial by jury. As reflected in verdict form [61-1], issues have been tried and jury has rendered verdict for defts and against pltf USA and intervening pltfs Penny Lummis and Tracy Roberts. Ordered and adjudged pltf's case is dismissed with prejudice. Case terminated. EOD 11/4/96 (cc: all counsel) (mk) (Entered: 11/04/1996)

BILL OF COSTS submitted by defts [62-2] to be presented to Clerk on 12/6/96 at 1:00. (mk) (Entered: 12/02/1996)

AFFIDAVIT of Thomas W. Hardin re [63-1] with attached Exhs A and B. (mk) (Entered: 12/02/1996)

OBJECTIONS by intevenor pltfs to assignment of defts' costs to them [63-1] (mk) (Entered: 12/03/1996)

NOTICE of Taxation of Costs by Clerk in the amount of $5,206.25 against pltf USA and intv pltfs jointly and severally. (mk) (Entered: 12/09/1996)

COSTS taxed for defts in the amount of $5,206.25 against pltf USA & intevenor pltfs Penny Lummis & Tracy Roberts (EOD 1/9/97) (cc: all counsel) (ts) (Entered: 01/09/1997)

RETURN OF EXHIBITS to counsel (mailed to Robert Watson for pltf and William Dale, Jr. for deft.) (mk) (Entered: 03/19/1997)