Case: Stenberg v. Carhart

U.S. Court of Appeals for the Eighth Circuit

Supreme Court of the United States

Supreme Court of the United States

Janeen F. Berkowitz

Oyez

COMPLAINT with request for trial at Lincoln with request for TRO and preliminary injunction with attachments: Summonses issued (3) to plf's counsel with Receipt Number 21320 in the amount of $ 150.00 (CCB) (Entered: 06/12/1997)

MOTION by plaintiff Leroy H. Carhart for temporary restraining order and for oral argument (CCB) (Entered: 06/12/1997)

INDEX by plaintiff Leroy H. Carhart re: motion for temporary restraining order and preliminary injunction [2-1] with declaration of Leroy Carhart and attachment (CCB) (Entered: 06/12/1997)

INDEX by defendant Donald Stenberg in opposition re: plf's motion for temporary restraining order [2-1] including afdt of L. STeven Grasz (ATTACHMENTS SEPARATE IN FILE) (CCB) (Entered: 06/16/1997)

MINUTES: before Judge Richard G. Kopf re [2-1], granting motion for oral argument [2-2] ; Prel/Perm hearing set 6/26/97 at 1:30 p.m. (CCB) (Entered: 06/17/1997)

EXHIBIT LIST by plf and dfts (CCB) (Entered: 06/17/1997)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf granting motion for temporary restraining order against plf Dr. Carhart only [2-1] ; Preliminary injunction hearing is set for 6/26/97 at 1:30 p.m - COPIES MAILED (CCB) (Entered: 06/17/1997)

ORDER by Judge Richard G. Kopf Preliminary injunction hearing is resched to 7/17-18/97 at 9:00 a.m., and if necessary, 7/21/97; TRO shall remain in effect until further order - COPIES MAILED (CCB) (Entered: 06/23/1997)

ANSWER by defendant Donald Stenberg (CCB) (Entered: 07/01/1997)

SCHEDULING PACKET by Magistrate Judge David L. Piester . - COPIES MAILED w/consent. (CCB) (Entered: 07/02/1997)

ANSWER by defendant Mike Munch (CCB) (Entered: 07/08/1997)

ATTORNEY APPEARANCE for defendant Mike Munch ; atty Tamra Walz, Deputy Sarpy County Attorney (CCB) (Entered: 07/08/1997)

STIPULATION for preliminary injunction hearing (signatures by fax; original signatures to come at time of hearing on 7/17/97) [7-2] (CCB) (Entered: 07/15/1997)

STIPULATION (original signatures) for preliminary injunction hearing with exhibit list attached (CCB) (Entered: 07/18/1997)

MINUTES: before Judge Richard G. Kopf on plf's motion for preliminary injunction; hearing not concluded and contd to 7/18/97 at 9:00 a.m. (CCB) (Entered: 07/18/1997)

MINUTES: before Judge Richard G. Kopf re [1-1] motion for preliminary injunction; brief time set. (CCB) (Entered: 07/21/1997)

WITNESS LIST by plf and dfts (CCB) (Entered: 07/21/1997)

EXHIBIT LIST by plf and dfts (CCB) (Entered: 07/21/1997)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf re [1-1] req for a prelininary injunction is granted as provided herein; dfts are permanently enjoined from enforcing LB 23 against plf regarding his performance of D&X abortions on nonviable fetuses; court determines that a bond in amount of $105 is sufficient and directs plf to post such a bond - COPIES MAILED and FAX COPIES to counsel, copy delivered to attorney general (CCB) (Entered: 08/14/1997)

NOTICE by clerk of release of U.S. District Court opinion (CCB) (Entered: 08/14/1997)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf giving parties 30 days to advise court re using a court-appointed expert in this matter - COPIES MAILED (CCB) (Entered: 08/15/1997)

RECEIPT #21607 in the amount of $105.00 for bond paid by plf (CCB) (Entered: 09/15/1997)

MOTION by defendant Donald Stenberg, defendant Deb Thomas to extend time to 10/10/97 to advise court concerning court-appointed experts (CCB) (Entered: 09/19/1997)

ORDER by Judge Richard G. Kopf granting dfts Stenberg and Thomas's motion to extend time to 10/10/97 to advise court concerning court-appointed experts [23-1] - COPIES MAILED (CCB) (Entered: 09/19/1997)

RESPONSE by defendant Donald Stenberg, defendant Deb Thomas to order re court-appointed expert (CCB) (Entered: 10/10/1997)

RESPONSE by defendant Mike Munch to order regarding court-appointed expert and joins in resp entered by dfts Stenberg and Thomas dated 10/10/97 (CCB) (Entered: 10/22/1997)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf re [24-1], re [25-1], re [26-1] that Court will refrain from appointing an expert at this time - COPIES MAILED (CCB) (Entered: 10/23/1997)

ORDER by Magistrate Judge David L. Piester that parties shall report to the court in accordance with Rule 26(f) w/in 10 days or show cause why sanctions should not be imposed upon them - COPIES MAILED (CCB) (Entered: 10/28/1997)

PROGRESSION ORDER by Magistrate Judge David L. Piester ; discovery set for 2/3/98; pretrial conf set for 10:00 2/17/98 before Magistrate Judge David L. Piester; non-jury trial set for 3/98 and show cause order entered on 10/28/97 is withdrawn - COPIES MAILED (CCB) (Entered: 11/18/1997)

RULE 26(f) PLANNING REPORT (CCB) (Entered: 11/18/1997)

NOTICE by defendant Mike Munch of use of non-expert witnesses (CCB) (Entered: 01/08/1998)

NOTICE by defendant Mike Munch of use of expert witnesses (CCB) (Entered: 01/08/1998)

ORDER by Magistrate Judge David L. Piester setting Trial 3/23/98 for 3 trial days, as backup to any CR or CV cases set for that week - COPIES MAILED (ICMSUSER) (Entered: 01/20/1998)

MOTION by defendant Donald Stenberg, defendant Deb Thomas to continue/reschedule trial (JLS) (Entered: 02/12/1998)

ORDER by Magistrate Judge David L. Piester sustaining dfts' motion to continue/reschedule trial [34-1]; trial on this matter is rescheduled to commence on 3/24/98; subject to the prior disposition or continuance of any criminal matters, or civil jury cases, which may be set for that week; Trial is rescheduled to commence 3/24/98 - COPIES MAILED (JLS) (Entered: 02/18/1998)

PRE-TRIAL ORDER by Magistrate Judge David L. Piester : PTC held ; trial set for 9:00 3/24/98 estimated length of trial 2 days - COPIES MAILED (JLS) (Entered: 02/18/1998)

STATEMENT of issues by plaintiff Leroy H. Carhart regarding scope of statute (JLS) (Entered: 03/04/1998)

MOTION by plaintiff Leroy H. Carhart for leave to file late proposed findings of fact and conclusions of law (ICMSUSER) Modified on 03/23/1998 (Entered: 03/23/1998)

ORDER by Judge Richard G. Kopf granting Plf's motion for leave to file late proposed findings of fact and conclusions of law one day prior to trial [38-1] - COPIES MAILED (ICMSUSER) (Entered: 03/23/1998)

MINUTES: of Civil Non-Jury Trial before Judge Richard G. Kopf - Court Reporter: David C. Francis court trial began ; opening statements, evidence by plf, evidence by dft, plf rests, dft rests, trial ended court trial ended ; briefing schedule set - first briefs due 4/24/98; simultaneous reply briefs due 4/28/98, thereafter deemed submitted - case management ddl set for 4/28/98 (ICMSUSER) (Entered: 03/25/1998)

WITNESS LIST from non-jury trial held on 3/24/98 (ICMSUSER) (Entered: 03/25/1998)

EXHIBIT LIST from non-jury trial held on 3/24/98 (ICMSUSER) (Entered: 03/25/1998)

ORDER by Judge Richard G. Kopf following 3/24/98 bench trial; the parties shall submit simultaneous briefs on or before 4/14/98; and the parties shall submit reply briefs on or before 4/28/98 - COPIES MAILED (ICMSUSER) (Entered: 03/25/1998)

MOTION by plaintiff Leroy H. Carhart to extend time for filing post-trial briefs to 4/16/98 (ICMSUSER) (Entered: 04/15/1998)

ORDER by Judge Richard G. Kopf granting Plf's motion to extend time for filing post-trial briefs to 4/16/98 [44-1] - COPIES MAILED (ICMSUSER) (Entered: 04/15/1998)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf that judgment will be entered by separate document at the appropriate time providing that judgment be entered for the Plf and against the Dfts; LB 23 is declared unconstitutional as provided and that Dfts are permanently enjoined from enforcing LB 23 against the Plf, his patients and others similarly situated; the Dft Stenberg is ordered to serve a copy of the decision and judgment on all county attorneys in the state of NE and they shall be permanently enjoined as well; costs of this action, including reasonable attorney fees as may be awarded are taxed to the Dfts; Judgment will be withheld pending resolution of the Plf's claim for attorney fees; Plf's application for attorney fees shall be submitted by 7/20/98 and the Dfts have until 8/3/98 to respond. The parties are to comply with the Local Rules of Practice, with attachment - COPIES MAILED (ICMSUSER) (Entered: 07/02/1998)

MOTION by plaintiff Leroy H. Carhart for attorney fees and costs (ICMSUSER) (Entered: 07/20/1998)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf granting in part and denying in part Plf's motion for attorney fees and costs [47-1] [47-2] in accordance with this opinion and that the Plf shall recover from the Dfts, jointly and severally, an attorney fee award (including expenses) of $46,855.29 - COPIES MAILED (ICMSUSER) (Entered: 08/10/1998)

JUDGMENT by Judge Richard G. Kopf entered for the Plf and against the Dfts, jointly and severally; as applied to Dr. Carhart, his patients and others similarly situated, LB 23 is declared unconstitutional; the Dfts are permanently enjoined from enforcing LB 23 against the Plf, his patients and others similarly situated; Dft Stenberg is ordered to serve a copy of the decision and judgment on all county attorneys in the state of Nebraska and when served they shall be permanently enjoined as well; and costs of this action, including attorney fees of $46,855.29 are taxed to the Dfts - COPIES MAILED (ICMSUSER) (Entered: 08/10/1998)

AFFIDAVIT of Simon Heller regarding motion for attorney fees [47-1] with attachments (ICMSUSER) Modified on 08/10/1998 (Entered: 08/10/1998)

AFFIDAVIT of D. Stuart Meiklejohn regarding motion for attorney fees [47-1] (ICMSUSER) (Entered: 08/10/1998)

AFFIDAVIT of David Gans regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

AFFIDAVIT of Janet L. Crepps regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

AFFIDAVIT of Jerry M. Hug regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

AFFIDAVIT of Alan G. Stoler regarding motion for attorney fees [47-1] with attachment (ICMSUSER) (Entered: 08/10/1998)

NOTICE OF APPEAL by defendants Donald Stenberg, Gina Dunning and Charles Andrews from District Court decision re: Judgment [49-1] and Memorandum and Opinion [48-1] - COPIES MAILED (ICMSUSER) (Entered: 08/12/1998)

2 CERTIFIED COPIES of appeal [56-1], judgment [49-1], memorandum and order [48-1] and clerk's docket entries mailed to Clerk, USCA Circuit; docket entries also mailed to attys of record (ICMSUSER) (Entered: 08/12/1998)

RECEIPT for Appeal fee from defendant Donald Stenberg in the amount of $ 105.00 ( Receipt # 40456) re: appeal [56-1] (ICMSUSER)

REQUEST FOR TRANSCRIPT by defendant Donald Stenberg, defendant Mike Munch, defendant Charles Andrews, defendant Gina Dunning for date(s) of 7/17-18/97; 3/24/98; copy sent to Court Reporter (ICMSUSER) (Entered: 08/24/1998)

CERTIFICATE OF SERVICE by defendant Donald Stenberg that copies of court's Memorandum and Order of 7/2/98 and Judgment issued 8/10/98 were served upon all 93 Nebraska county attorneys (ICMSUSER) (Entered: 08/24/1998)

TRANSCRIPT of proceedings for the following date(s): 3/24/98 (Re: trial proceedings) re: request for transcript on appeal - number of pages: 105 (ICMSUSER) (Entered: 08/24/1998)

TRANSCRIPT of proceedings for dates of 7/17/97 - 7/18/97 (Re: Preliminary Injunction) for request for transcript on appeal - number of pages: 384 (VOLUMES I-II) (ICMSUSER) Modified on 08/24/1998 (Entered: 08/24/1998)

NOTICE OF APPEAL by defendant Mike Munch from District Court decision re: Judgment [49-1], Memorandum and Order [48-1] - COPIES MAILED, RGK (ICMSUSER) (Entered: 09/02/1998)

RECEIPT for Appeal fee from defendant Mike Munch in the amount of $ 105.00 ( Receipt # 81615) re: notice of appeal [62-1] (ICMSUSER)

SCHEDULING ORDER from USCA; Appellate Docket Number 98-3245NEL re: appeal [56-1] - transcript designation set for 10/14/98 (ICMSUSER) (Entered: 09/04/1998)

2 CERTIFIED COPIES of appeal [62-1], judgment [49-1], memorandum and order [48-1] and clerk's docket entries mailed to Clerk, USCA Circuit; docket entries also mailed to attys of record (ICMSUSER) (Entered: 09/04/1998)

REQUEST FOR TRANSCRIPT by defendant Mike Munch re: transcript of relevant hearings/trial already ordered by other appellants re: transcripts [61-1] and [60-1]; No additional transcript is necessary (ICMSUSER) (Entered: 09/10/1998)

SCHEDULING ORDER from USCA; Appellate Docket Number 98-3300 NEL re: appeal [62-1] - transcript designation set for 10/21/98 (ICMSUSER) (Entered: 09/15/1998)

TRANSCRIPT SENT to USCA 8th Circuit re: transcript [61-1] (volumes I and II) and transcript [60-1] (ICMSUSER)

MAIL Returned - transmittal letter of transcripts to USCA [0-0] addressed to Janet Crepps, Esq., The Center for Reproductive Law and Policy (Denver, CO) - not remailed, no forwarding address (ICMSUSER) (Entered: 11/02/1998)

COPY OF ORDER FROM USCA 8th CIRCUIT that the judgment of district court is affirmed (SED) (Entered: 09/24/1999)

REQUEST OF EIGHTH CIRCUIT COURT OF APPEALS OPINION, released on 9/24/99 (SED) (Entered: 09/24/1999)

CERTIFIED COPY OF OPINION OF USCA 8th Circuit re: appeal [62-1], and appeal [56-1] that we affirm the judgment of the district court (SED) (Entered: 11/01/1999)

MANDATE/JUDGMENT from USCA 8th Circuit affirming the decision of the District Court [62-1]; affirming the decision of the District Court [56-1] - COPIES MAILED, RGK (SED) (Entered: 11/01/1999)

COPY OF ORDER FROM USCA 8th CIRCUIT that district court is directed by the 8th Circuit to add this award to the mandate (SED) (Entered: 11/05/1999)

CERTIFIED COPY of Appellate Court Order: motion of appellees for an award of attorneys' fees and costs is granted; clerk of this court is directed to request that the clerk of the district court add this award to our mandate - COPIES MAILED (SED) (Entered: 11/08/1999)

MAIL Returned [71-1] addressed to plaintiff Leroy H. Carhart, attorney Janet L. Crepps -- NOT REMAILED, NO FORWARDING ADDRESS (SED) (Entered: 11/12/1999)

MAIL Returned [73-1] addressed to Janet L. Crepps, one of the attys for plaintiff Leroy H. Carhart, no remailed, no forwarding address (PSM) (Entered: 11/15/1999)

RECORD on appeal returned from U.S. Court of Appeals re: appeal [62-1], re: appeal [56-1] (USDC transcripts T61A, T61B, and T60) (RDB) Modified on 11/30/1999

Letter (Copy) from 8th Circuit USCA that a petition for writ of certiorari has been filed - US Sup Ct #: 99-830 (SED) (Entered: 01/25/2000)

TRANSMITTAL LETTER to US Supreme Court per letter dated 2/25/00 (including transcripts T60, T61A, T61B) - COPIES MAILED (SED)

CERTIFIED COPY of Appellate Court Order: the motion for attorneys' fees and costs is granted, but not in the full amount requested - COPIES MAILED (SED) (Entered: 09/11/2000)

RETURNED MAIL [77-1] addressed to Janet L. Crepps, one of plaintiff Leroy H. Carhart's attorneys--NOT REMAILED, ENVELOPE MARKED 'ATTEMPTED, NOT KNOWN' (BMH) (Entered: 09/25/2000)

RECORD on appeal returned from Supreme Court of the United States of 3 volumes of trial testimony [T60] amd [T61A and T61B) (ICMSUSER)

MOTION by plaintiff Leroy H. Carhart for order to release $105.00 bond (ADB) (Entered: 11/19/2001)

MEMORANDUM AND ORDER: by Chief Judge Richard G. Kopf granting plf's motion for order to release $105.00 bond [79-1]; Clerk of the Court shall release to the Center for Reproductive Law & Policy the $105.00 bond posted on 9/11/97, including any accrued interest; copy sent to Barbara on 11/27/01 - COPIES MAILED [EOD Date 11/26/01] (KBJ) Modified on 11/27/2001 (Entered: 11/26/2001)

MAIL Returned addressed to att Janet Crepps; REMAILED ON 12/7/01 (KBJ) (Entered: 12/07/2001)

MAIL Returned addressed to atty for plf, Janet Crepps; NO FORWARDING ADDRESS (KBJ) (Entered: 12/26/2001)

NOTICE by Clerk of intent to destroy exhibits (KMG) (Entered: 03/14/2003)

Mail Returned as Undeliverable addressed to Janet Crepps regarding Notice of Intent to Destroy Exhibits 83 . NOT REMAILED. ATTEMPTED, NOT KNOWN. (KBJ) (Entered: 03/25/2003)

RECEIPT of Plaintiff's Exhibits from hearing on Preliminary Injunction and Trial Exhibits signed by Alan Stoler. (KBJ) (Entered: 05/15/2003)