Case: Gibson v. Burdette

Gibson v. Ginsberg

Gibson v. Allen

Case closed (emb) (Entered: 10/21/1996)

THIS CASE WAS CLOSED BEFORE BEING ENTERED COMPLETELY INTO THE AUTOMATED SYSTEM. FOR PREVIOUS ENTRIES, CHECK THE MANUAL DOCKET SHEET. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

MOTION/PETITION by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson for Contempt and Equitable, Legal, and Further Relief Under the Prior Orders of This Court , to Enforce the Said Orders, Decrees of This Court and for Vindication of the Power of This Court and the Rights and Liberty Interests of Petitioners and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 56 and 57 of FRCP, and Per USC 2201−2, 1343 Et Seq., 1331, 1983. Against the Class Defendants and Request for Pretrial Conference. (emb) (Entered: 10/21/1996)

STATEMENT OF VISITING ATTORNEY by J. Benjamin Dick for Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson, with DESIGNATION OF LOCAL COUNSEL by George D. Beter. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

SEALED RECORDS of Court of Claims of WV, Claim No. CC−83−197, submitted by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

LETTER from J. Benjamin Dick to Clerk, dated 02/20/96, re: enclosing corrected Page 25 of Plaintiffs' [160−1] motion/petition. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

LETTER from J. Benjamin Dick to Clerk, dated 02/21/96, re: enclosing corrected Pages 10, 12, 25 and 26 of the [160−1] motion/petition. (emb) (Entered: 10/21/1996)

RESPONSE by All Defendants in opposition to Plaintiffs' [160−1] Motion/Petition for Contempt and Equitable, Legal, and Further Relief. (This entry is incorporated with the following entry) (emb) (Entered: 10/21/1996)

MOTION by All Defendants to Dismiss Plaintiffs' [160−1] Motion/Petition. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

RESPONSE by Judith A. Gleichauf, Joseph A. Gleichauf, Katrina Gleichauf Jefferson to Defendants' [165−1] response in opposition to Plaintiffs' [160−1] motion/petition for Contempt and Equitable, Legal, and Further Relief. (This entry is incorporated with the following entry) (emb) (Entered: 10/21/1996)

MOTION by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson to Reopen this Civil Action. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

ORDER: denying Plaintiffs' [166−1] motion to Reopen this Civil Action, granting Defendants' [165−1] motion to Dismiss Plaintiffs' [160−1] Motion/Petition., dismissing Plaintiffs' [160−1] motion for Contempt and for Equitable, Legal, and Further Relief Under the Prior Orders of This Court, dismissing Plaintiffs' [160−2] motion to Enforce the Orders, Decrees This Court and for Vindication of the Power of This Court and the Rights and Liberty Interests of Petitioners, dismissing Plaintiffs' [160−3] motion Prayer for and Injunctive Relief and Damages Pursuant to Rule 56 and of FRCP, and Per USC 2201−2, 1343 Et Seq., 1331, 1983. Against the Class Defendants and Request for Pretrial Conference. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (emb) Modified on 10/25/1996 (Entered: 10/21/1996)

PETITION/MOTION by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson to Rehear. (emb) (Entered: 10/21/1996)

RESPONSE by Defendants in opposition to Plaintiffs' [168−1] motion to Rehear. (emb) (Entered: 10/21/1996)

CONVERSION TO COMPLAINT by Judith Gleichauf, Joseph Gleichauf and Katrina Gleichauf Jefferson. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

REPLY by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson to Defendants' [169−1] response to Plaintiffs' [168−1] Petition/Motion to Rehear and Defendants' [165−1] motion to Dismiss Plaintiffs' [160−1] Motion/Petition. (This entry is incorporated with the following entry) (emb) (Entered: 10/21/1996)

SUPPLEMENTAL PLEADING by Judith Gleichauf, Joseph Gleichauf and Katrina Gleichauf Jefferson to Plaintiffs' [168−1] Petition/Motion to Rehear. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

EQUAL PROTECTION CLAIM by Judth Gleichauf, Joseph Gleichauf and Katrina Gleichauf Jefferson. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

ORDER: denying Plaintiffs' [168−1] petition/motion to Rehear; denying request by said petitioners for oral argument; denying the Plaintiffs' [170−1] motion to convert Plaintiffs' [160−1] motion/petition to a complaint; denying Plaintiffs' motion to seal documents submitted by the defendants in support of their [165−1] motion to dismiss. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (emb) (Entered: 10/21/1996)

RETURN: [171−1] order entered 10/08/96 mailed to Andrew S. Nason, 710 Virginia Street East, Charleston, WV 25301 returned by U.S. Postal Service Marked "Undeliverable As Addressed Forwarding Order Expired, Return to Sender." (emb) (Entered: 10/21/1996)

NOTICE OF APPEAL by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson. FILING FEE $ 105.00 RECEIPT # 068279 Appeal record due on 12/6/96 from [167−1] and [171−1] orders. (emb) Modified on 12/05/1996 (Entered: 11/07/1996)

Notice of Appellate Action with certified copy of docket, judgment order and notice of appeal to 4CCA: [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf and Judith A. Gleichauf (cc: attys) (emb) (Entered: 11/07/1996)

NOTICE of Appellate Action received by 4CCA on 11/14/96, 4CCA # &fee status: Fee Paid 4CCA No. 96−2662 Case Manager: Sharon A. Wiley (emb)

LETTER from 4CCA to Ronald D. Lawson, dated 12/11/96, re: informing the court that a transcript is not necessary for this appeal and requesting the transmission of the certificate of readiness in 4CCA No. 96−2662. (emb) Modified on 03/10/1997

CERTIFICATE by Clerk of Readiness of Record on Appeal in 4CCA No. 96−2662, re: [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf and Judith A. Gleichauf. (emb) Modified on 12/18/1996

ACKNOWLEDGMENT by 4CCA of receipt of certificate of readiness on 12/18/96 in 4CCA no. 96−2662. (skh)

UNPUBLISHED 4CCA OPINION for [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf, Judith A. Gleichauf affirming the decision of the District Court in 4CCA #96−2662. (pdb)

JUDGMENT OF 4CCA (certified copy) Re: [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf, Judith A. Gleichauf affirming the judgment of the District Court in 4CCA # 96−2662. (cc: attys, Judge Copenhaver) (pdb)

MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood; and to Enforce the Said Orders, Decrees of this Court and for Vindication of the Power of this Court and the Rights and Liberty Interests of Petitioner; and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 57 and 65 of FRCP, and Per 28 USC 2201−2, 1343 et seq., 1331, 1983 Against the Class Defendants, or their Successors Above (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Dalby, Nancy) (Modified text to conform to filed document and to edit description of attachment #1 on 3/4/2011) (skh).

ORDER pursuant to movant Amanda Underwood's 182 "MOTION AND PETITION FOR CONTEMPT AND EQUITABLE, LEGAL, AND FURTHER RELIEF UNDER THE PRIOR ORDERS OF THIS COURT ON BEHALF OF THE CLASS MEMBER AMANDA UNDERWOOD; AND TO ENFORCE THE SAID ORDERS, DECREES OF THIS COURT AND FOR VINDICATION OF THE POWER OF THIS COURT AND THE RIGHTS AND LIBERTY INTERESTS OF PETITIONER; AND PRAYER FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES PURSUANT TO RULE 57 AND 65 OF FRCP, AND PER 28 USC 2201−2, 1343 ET SEQ., 1331, 1983 AGAINST THE CLASS DEFENDANTS, OR THEIR SUCCESSORS ABOVE" (motion for an order to show cause), directing that defendants or their successors are to respond to the motion for an order to show cause by 3/25/2011, addressing solely the propriety of embedding and adjudicating within this civil action the claims made in the motion for an order to show cause; plaintiff to reply by 4/8/2011. Signed by Judge John T. Copenhaver, Jr. on 3/10/2011. (cc: attys; any unrepresented parties) (taq)

SET DEADLINE re: 182 MOTION AND PETITION (motion for an order to show cause) by Amanda Underwood. Response due by 3/25/2011 and reply due by 4/8/2011 pursuant to the court's 183 order. (taq)

NOTICE OF SUBSTITUTION OF COUNSEL by William P. Jones on behalf of Leon H. Ginsberg (Jones, William) (Modified text to conform to filed document on 3/14/2011) (skh).

RESPONSE AND MOTION by Leon H. Ginsberg to Dismiss 182 MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood; and to Enforce the Said Orders, Decrees of this Court and for Vindication of the Power of this Court and the Rights and Liberty Interests of Petitioner; and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 57 and 65 of FRCP, and Per 28 USC 2201−2, 1343 et seq., 1331, 1983 Against the Class Defendants, or their Successors Above the Court's in Response to the Court's 183 Order.(Jones, William) (Modified on 3/23/2011 to convert event to a motion to dismiss, to add link to #182 motion and to remove memorandum and file as entry #187) (skh).

ANSWER TO 182 MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood; and to Enforce the Said Orders, Decrees of this Court and for Vindication of the Power of this Court and the Rights and Liberty Interests of Petitioner; and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 57 and 65 of FRCP, and Per 28 USC 2201−2, 1343 et seq., 1331, 1983 Against the Class Defendants, or their Successors Above by Leon H. Ginsberg.(Jones, William) (Modified on 3/23/2011

REPLY by Amanda Underwood to 185 RESPONSE and MOTION by Leon H. Ginsberg to Dismiss 182 MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood. (Attachment: # 1 Certificate of Service)(Dalby, Nancy)(Modified on 4/13/2011 for clarity of text and to replace unsigned image of reply with signed image) (skh).

NOTICE OF DOCKET CORRECTION re: 188 Reply by Amanda Underwood to 185 Response and Motion. ERROR: Unsigned image attached. CORRECTION: Unsigned image of reply replaced with signed image. (skh)

MEMORANDUM OPINION AND ORDER denying movant Amanda Underwood's 182 MOTION for an order to show cause; the denial is without prejudice to movant's pursuit of any other available remedies. The court, accordingly, declines to reopen this case. Signed by Judge John T. Copenhaver, Jr. on 6/3/2011. (cc: attys; any unrepresented parties) (taq)

ORDER pursuant to the 6/3/2011 189 memorandum opinion and order denying the request for an order to show cause, directing the Clerk to terminate docket entry 185 to the extent that it moves for dismissal of the request for an order to show cause; further, the court declined to reopen the case in its 6/3/2011 memorandum opinion and order, directing the Clerk to reflect on the docket the closed nature of the action. Signed by Judge John T. Copenhaver, Jr. on 8/3/2011. (cc: attys; any unrepresented parties) (taq)