Case: Porter v. Knickrehm

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT, summons issued and returned to Attorney; $150.00 filing fee paid, receipt #110245 (former empl) (Entered: 10/15/2003)

RETURN OF SERVICE executed upon defendant Don A Dunn on 10/15/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Kay Barnes on 10/15/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Wesley Kluck on 10/15/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Kurt Knickrehm on 10/22/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Suzann McCommon on 10/20/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant James C Green on 10/22/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Randy Lann on 10/15/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Ron Carmack on 10/15/03 (bsm) (Entered: 11/04/2003)

RETURN OF SERVICE executed upon defendant Grover Milton Evans on 10/16/03 (bsm) (Entered: 11/04/2003)

ANSWER by defts Kurt Knickrehm and James C Green (bsm) (Entered: 11/05/2003)

NOTICE of related case by Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann and Suzann McCommon − Case Number: 4:03cv00205 (bsm) (Entered: 11/05/2003)

MOTION by defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann and Suzann McCommon to dismiss FILED UNDER SEAL (bsm) Modified on 11/13/2003 (Entered: 11/05/2003)

BRIEF by defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann and Suzann McCommon in support of motion to dismiss [13−1] FILED UNDER SEAL (bsm) Modified on 11/13/2003 (Entered: 11/05/2003)

MOTION by defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann and Suzann McCommon to file under seal motion to dismiss and brief in support of motion to dismiss (bsm) (Entered: 11/05/2003)

MOTION by defts Kurt Knickrehm and James C Green to file pleadings and motions under seal (bsm) Modified on 11/12/2003 (Entered: 11/10/2003)

ORDER by Judge William R. Wilson granting motion filed by defts Barnes, Carmack, Dunn, Evans, Kluck, Lann and McCommon to file under seal their motion to dismiss and brief in support of motion to dismiss [15−1]; Clerk is directed to file these pleadings under seal (cc: all counsel) (bsm) Modified on 11/17/2003 (Entered: 11/13/2003)

MOTION by plaintiffs for extension of time in which to respond to separate defts' motion to dismiss (bsm) (Entered: 11/18/2003)

ORDER OF TRANSFER (DOC) Case reassigned to Chief Judge Susan W. Wright ; case is related to 4:03cv00205 which was previously assigned to Judge Wright (cc: all counsel) (bsm) (Entered: 11/19/2003)

INITIAL SCHEDULING ORDER (DOC); Rule 26(f) conference to be held on 1/12/04; Rule 26(f) report due 1/26/04; Rule 16(b) conference (if needed) will be held on 1/30/04 @ 1:00 p.m.; proposed trial date set for 9/27/04; Final Scheduling Order will be issued on or before 2/2/04 (cc: all counsel) (vjt) (Entered: 11/21/2003)

NOTICE by pltfs of filing Amended Complaint (vjt) (Entered: 11/21/2003)

FIRST AMENDED complt [1−1] by pltfs (vjt) (Entered: 11/21/2003)

MOTION by separate official−capacity defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann, and Suzann McCommon to file under seal motion to dismiss amended complt and brief in support (vjt) (Entered: 11/26/2003)

RESPONSE by pltfs to motion to dismiss of official capacity defts Barnes, Carmack, Dunn, Evans, Kluck, Lann and McCommon [13−1] (vjt) (Entered: 11/26/2003)

BRIEF by pltfs in support of motion response [25−1] (vjt) (Entered: 11/26/2003)

MOTION by defts Knickrehm and Green to extend time to answer pltfs' complt (vjt) (Entered: 12/01/2003)

RESPONSE by pltfs to Attorney General's motion to dismiss amended complt (vjt) (Entered: 12/04/2003)

MOTION by Families and Friends and Ellen Sue Gibson to intervene and to redact names of individual pltfs (vjt) (Entered: 12/09/2003)

MEMORANDUM by Families and Friends and Ellen Sue Gibson in support of motion to intervene [29−1] (vjt) (Entered: 12/09/2003)

ORDER by Chief Judge Susan W. Wright granting in part separate defts Knickrehm and Green's motion to file pleadings and motions under seal [17−1]; if defts believe that a particular motion, pleading, or other document contains protected medical info, they may file a separate motion to file such motion, pleading, or documents under seal; granting separate defts Barnes, Carmack, Dunn, Evans, Kluck, Lann, and McCommon's motion to file under seal their motion to dismiss amended complt and supporting brief [24−1] granting motion to extend time to answer pltfs' complt [27−1]; separate defts Knickrehm and Green shall have up to 12/19/03 in which to answer pltfs' amended complt; granting motion for extension of time in which to respond to separate defts' motion to dismiss [19−1]; the Clerk is directed to remove the notices of related case from the pending motions list [12−1] [16−1] (cc: all counsel) (bmt) Modified on 12/12/2003 (Entered: 12/11/2003)

MOTION by defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann, Suzann McCommon to dismiss amended complt UNDER SEAL (bmt) (Entered: 04/09/2004)

RESPONSE by defts Barnes, Carmack, Dunn, Evans, Kluck, Lann, and McCommon to motion to intervene [29−1], and to redact names of individual pltfs [29−2] (vjt) (Entered: 12/15/2003)

REPLY by defts Barnes, Carmack, Dunn, Evans, Kluck, Lann, and McCommon to pltf's response to motion to dismiss [13−1] (vjt) (Entered: 12/15/2003)

RESPONSE by defts Kurt Knickrehm and James C Green to motion to intervene [29−1] and redact names of individual pltfs [29−2] (vjt) (Entered: 12/15/2003)

RESPONSE by pltfs to motion to intervene [29−1] and to redact names of individual pltfs [29−2] (vjt) (Entered: 12/19/2003)

BRIEF by pltfs in support of motion response [35−1] (vjt) (Entered: 12/19/2003)

ANSWER by defts Kurt Knickrehm and James C Green to first amended complt [23−1] (vjt) (Entered: 12/22/2003)

MOTION by movants Families and Friends and Ellen Sue Gibson to extend time to file reply to pltf's resp to motion to intervene (bmt) (Entered: 01/02/2004)

ORDER by Chief Judge Susan W. Wright granting motion to extend time to file reply to pltf's resp to motion to intervene until 1/16/04 [38−1] (cc: all counsel) (bmt) (Entered: 01/06/2004)

MEMORANDUM REPLY by Families and Friends and Ellen Sue Gibson to pltf's response to motion to intervene [29−1] and to redact names of individual pltfs [29−2] (vjt) (Entered: 01/16/2004)

JOINT RULE 26(f) REPORT by parties (vjt) (Entered: 01/22/2004)

FINAL SCHEDULING ORDER by Chief Judge Susan W. Wright; court trial set for 9:30 9/27/04 in Little Rock; discovery due 7/14/04; pretrial info sheet due 8/27/04 (cc: all counsel) (vjt) (Entered: 01/26/2004)

MOTION by Griffin J. Stockley to withdraw as counsel of record for pltfs (vjt) (Entered: 01/28/2004)

ORDER by Chief Judge Susan W. Wright that separate defts' motion to dismiss [13−1] is GRANTED IN PART AND DENIED IN PART; pltf's equal protection claims are dismissed w/o prej for failure to state a claim; pltfs may proceed with their procedural due process claims; granting motion to intervene [29−1]; denying motion to redact names of individual pltfs [29−2]; granting motion by Griffin J. Stockley to withdraw as counsel of record for pltfs [43−1] (cc: all counsel) (vjt) (Entered: 02/13/2004)

ANSWER IN INTERVENTION by Families and Friends and Ellen Sue Gibson to the first amended complt [23−1] (vjt) (Entered: 02/24/2004)

MOTION by pltf for leave to file second amended complt (vjt) (Entered: 02/25/2004)

MOTION by separate official−capacity defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann, and Suzann McCommon for leave to file under seal answer to first amended complt (vjt) (Entered: 02/27/2004)

ANSWER by separate defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann, Suzann McCommon to first amended complt [23−1] (UNDER SEAL) (vjt) (Entered: 02/27/2004)

RESPONSE by Families and Friends and Ellen Sue Gibson to motion to file second amended complt [46−1] (vjt) (Entered: 03/03/2004)

RESPONSE by defts Kurt Knickrehm and James C Green to pltfs' motion for leave to file second amended complt [46−1] (vjt) (Entered: 03/05/2004)

ORDER by Chief Judge Susan W. Wright granting motion for leave to file under seal defts' answer to first amended complt [47−1]; granting pltfs' motion [46−1] and amended motion for leave to file second amended complt [51−1]; pltfs are directed to file their second amended complt w/in 10 days from the entry date of this Order (cc: all counsel) (vjt) (Entered: 03/15/2004)

RESPONSE by Families and Friends and Ellen Sue Gibson to pltfs' amended motion to file second amended complt (vjt) (Entered: 03/16/2004)

SECOND AMENDED complaint [23−1] [1−1] by pltfs (vjt) (Entered: 03/17/2004)

ANSWER by separate defts Knickrehm and Green to second amended complt [54−1] (vjt) (Entered: 03/23/2004)

ANSWER IN INTERVENTION by Families and Friends and Ellen Sue Gibson to second amended complt [54−1] (vjt) (Entered: 03/25/2004)

MOTION by separate official−capacity defts Barnes, Carmack, Dunn, Evans, Kluck, Lann, and McCommon for leave to file under seal answer to second amended complt (vjt) (Entered: 03/29/2004)

MOTION by defts Kurt Knickrehm and James C Green for leave to file under seal answer to second amended complt (vjt) (Entered: 04/01/2004)

ORDER by Chief Judge Susan W. Wright granting Official−Capacity Defts' Barnes, Carmack, Dunn, Evans, Kluck, Lann, and McCommon's motion for leave to file under seal answer to second amended complt [57−1] (cc: all counsel) (bmt) (Entered: 04/06/2004)

ANSWER of separate defts Kay Barnes, Ron Carmack, Don A Dunn, Grover Milton Evans, Wesley Kluck, Randy Lann, Suzann McCommon to second amended complt (UNDER SEAL) (bmt) (Entered: 04/06/2004)

ORDER by Chief Judge Susan W. Wright granting official−capacity defts Knickrehm and Green's motion for leave to file under seal answer to second amended complt [58−1] (cc: all counsel) (vjt) (Entered: 04/09/2004)

ORDER by Chief Judge Susan W. Wright that separate defts' motion to dismiss amended complt [0−1] is DENIED AS MOOT; parties are directed to adhere to the following procedure when seeking leave to file documents under seal: submit documents to be filed under seal to the Clerk only after the Court has granted leave to file; and, all documents filed under seal should contain the phrase "FILED UNDER SEAL" on the first page of the document; separate defts Green and Knickrehm are directed to file, UNDER SEAL, their answer to pltfs' second amended complt w/in 10 days from the entry date of this Order (cc: all counsel) (vjt) (Entered: 04/21/2004)

MOTION by defts Knickrehm and Green for extension of time to file expert report (vjt) (Entered: 06/29/2004)

ORDER by Chief Judge Susan W. Wright granting defts' motion for extension of time to file expert report [63−1]; defts Knickrehm and Green shall have until 10 working days after Dr. Miller returns to work, or 30 days prior to the trial, whichever occurs first, to file Dr. Miller's expert report (cc: all counsel) (vjt) (Entered: 06/30/2004)

MOTION by plaintiffs for summary judgment on Fourteenth Amendment Due Process and Equal Protection Claims (bmt) (Entered: 07/28/2004)

BRIEF by plaintiffs in support of motion for summary judgment on Fourteenth Amendment Due Process and Equal Protection Claims [65−1] (bmt) (Entered: 07/28/2004)

STATEMENT OF FACTS (Local Rule 56.1) by plaintiffs in support of motion for summary judgment on Fourteenth Amendment Due Process and Equal Protection Claims [65−1] (bmt) (Entered: 07/28/2004)

BRIEF by defts Kurt Knickrehm and James C Green in support of motion for summary judgment [68−1] (bmt) (Entered: 07/28/2004)

STATEMENT OF FACTS (Local Rule 56.1) by defts Kurt Knickrehm and James C Green in support of motion for summary judgment [68−1] (bmt) (Entered: 07/28/2004)

MOTION by separate official−capacity defts Kay Barnes, Randy Lann, Wesley Kluck, Thomas Dolislager, Grover Evans, Suzann McCommon, and Luke Heffley to file under seal response to pltfs' motion for summary judgment (vjt) (Entered: 08/11/2004)

RESPONSE by pltfs to defts' motion for summary judgment [68−1] (vjt) (Entered: 08/11/2004)

BRIEF by pltfs in support of response to defts' motion for summary judgment [72−1] (vjt) (Entered: 08/11/2004)

RESPONSE by pltfs to defts Knickrehm, Green and Official Capacity Board of Developmental Disabilities' statement of material facts [70−1] (vjt) Modified on 09/09/2004 (Entered: 08/11/2004)

ORDER by Chief Judge Susan W. Wright granting separate defts' motion to file under seal response to pltfs' motion for summary judgment [71−1] (cc: all counsel) (vjt) (Entered: 08/11/2004)

MOTION by Families and Friends and Ellen Sue Gibson for extension of time to respond to motions for summary judgment (vjt) (Entered: 08/11/2004)

NOTICE by separate defts Kay Barnes, Randy Lann, Wesley Kluck, Grover Evans, Suzann McCommon, Thomas Dolislager, and Luke Heffley of filing response to pltfs' motion for summary judgment under seal (vjt) (Entered: 08/11/2004)

RESPONSE by defts Knickrehm, Green and Board Members to pltfs' motion for summary judgment [65−1] (UNDER SEAL) (vjt) (Entered: 08/11/2004)

RESPONSE by defts Knickrehm, Green, and Board Members to pltfs' statement of undisputed material facts [67−1] (UNDER SEAL) (vjt) (Entered: 08/11/2004)

SUPPLEMENT TO MOTION by defts Knickrehm and Green, and Board members Barnes, Evans, Kluck, Lann, Dolislager, Heffley, and McCommon for summary judgment (vjt) (Entered: 08/12/2004)

ORDER by Chief Judge Susan W. Wright granting the Intervenors' motion for extension of time until 8/31/04 to respond to motions for summary judgment [76−1] [65−1] [68−1] (cc: all counsel) (vjt) (Entered: 08/17/2004)

REPLY by defts to pltfs' response to motion for summary judgment [68−1] (vjt) (Entered: 08/18/2004)

REVISION TO STATEMENT OF FACTS (Local Rule 56.1) by defts in support of motion for summary judgment [68−1] [70−1] (vjt) (Entered: 08/18/2004)

SUPPLEMENT by pltfs to their motion for summary judgment [65−1] (vjt) (Entered: 08/24/2004)

MOTION by defts Barnes, Evans, Kluck, Lann, Dolislager, McCommon, and Heffley to file under seal their pretrial disclosures (vjt) (Entered: 08/27/2004)

MOTION by Families and Friends and Ellen Sue Gibson to strike Exhibit from pltfs' motion for summary judgment (vjt) (Entered: 08/27/2004)

BRIEF by Families and Friends and Ellen Sue Gibson in support of motion to strike Exhibit from pltfs' motion for summary judgment [86−1] (vjt) (Entered: 08/27/2004)

RESPONSE by intervenors Families and Friends and Ellen Sue Gibson to pltfs' motion for summary judgment [65−1] (vjt) (Entered: 08/30/2004)

MOTION by intervenors Families and Friends and Ellen Sue Gibson to file under seal their pretrial disclosure info (vjt) Modified on 08/31/2004 (Entered: 08/30/2004)

PRETRIAL DISCLOSURE SHEET by intervenors Families and Friends and Ellen Sue Gibson − est 2 days for trial (UNDER SEAL) (vjt) (Entered: 08/30/2004)

MOTION by separate defts Knickrehm and Green to file under seal their pretrial disclosures (vjt) (Entered: 08/30/2004)

PRETRIAL DISCLOSURE SHEET by defts Knickrehm and Green − est 2 to 3 days for trial (UNDER SEAL) (vjt) (Entered: 08/30/2004)

SECOND SUPPLEMENT TO MOTION by defts Knickrehm, Green, Barnes, Evans, Kluck, Lann, Dolislager, McCommon, and Heffley for summary judgment (vjt) (Entered: 08/30/2004)

MOTION by pltfs for continuance of trial and for extension of time to complete remaining deadlines (vjt) (Entered: 09/10/2004)

OBJECTIONS by defts Barnes, Lann, Kluck, Dolislager, Evans, McCommon, and Heffley to pltfs' pretrial disclosures [88−1] (vjt) (Entered: 09/13/2004)

ORDER by Chief Judge Susan W. Wright granting pltfs' motion for continuance [95−1] [95−2]; a new trial date will be set in a separate order (cc: all counsel) (vjt) (Entered: 09/15/2004)

ORDER by Chief Judge Susan W. Wright, upon defts Dunn and Carmack having been sued in their official capacities and having ceased to hold public office, the Clerk is directed to substitute Thomas Dolislager in place of deft Dunn and Luke Heffley in place of Ron Carmack; granting the parties' motions to file pretrial disclosures under seal [85−1] [90−1] [92−1] (cc: all counsel) (vjt) (Entered: 10/26/2004)

NOTICE of filing by defts Barnes, Lann, Kluck, Evans, McCommon, Dolislager, and Heffley of pretrial disclosures under seal (vjt) (Entered: 10/28/2004)

PRETRIAL DISCLOSURE SHEET by defts Barnes, Lann, Kluck, Evans, McCommon, Dolislager, and Heffley − est 3 days for trial (UNDER SEAL) (vjt) (Entered: 10/28/2004)

MEMORANDUM OPINION AND ORDER by Chief Judge Susan W. Wright that defts' motions for summary judgment [68−1] [80−1] [94−1] and pltfs' motion for summary judgment [65−1] are GRANTED IN PART and DENIED IN PART; defts are directed to submit proposed post−admission review procedures, w/in 20 days from the entry date of this Order, and pltfs have up to 20 days from the filing date of defts' proposal in which to file a response; denying Intervenors' motion to strike [86−1] (cc: all counsel) (vjt) (Entered: 11/24/2004)

MOTION by defts Kurt Knickrehm and James C Green for extension of time to submit proposed post−admission review procedures (vjt) (Entered: 12/10/2004)

ORDER by Chief Judge Susan W. Wright granting motion for extension of time to submit proposed post−admission review procedures until 1/15/05 [102−1] (cc: all counsel) (bmt) (Entered: 12/15/2004)