Case: Watson v. Ray

U.S. Court of Appeals for the Eighth Circuit

ORDER by Honorable William C. Stuart terminating case (dkt'd. for sard purpose ) (cc: all counsel) (rh) (Entered: 04/28/1993)

ORDER by Chief Judge Charles R. Wolle ; Trial cont. to 10/12/93 @ 9:00 ; final pretrial conf 10/1/93 @ 8:30 a.m. (cc: all counsel, clk) (rh) (Entered: 04/28/1993)

REMARK: as this is a 15 yr. old case, only the first name of orig. parties was entered, all interv. and dfts are entered in ICMS (see hard dkt. for previous info) (rh) (Entered: 04/28/1993)

ORDER by Chief Judge Charles R. Wolle ; Status report ddl 9/20/93 re: information disclosed in report. (cc: all counsel) (rh) (Entered: 08/19/1993)

ORDER by Chief Judge Charles R. Wolle ; final pretrial conf rescheduled to: 10/4/93 @ 8:00 am in DsM (cc: all counsel, cal) (rh) (Entered: 08/19/1993)

MAIL Returned [286-1], [286-2], [285-1], [285-2] addressed to plaintiff Clinton Morse Watson "NOT HERE" (rh) (Entered: 08/31/1993)

ORDER by Chief Judge Charles R. Wolle ; Trial continued - no date set ; Final pretrial conf cancelled ; Status hearing 10/4/93 @ 8:00 by phone (cc: all counsel, cal) (rh) (Entered: 09/23/1993)

ORDER by Chief Judge Charles R. Wolle ; Status hearing rescheduled to: 10/21/93 @ 8:00 am by phone (cc: all counsel) (rh) (Entered: 09/28/1993)

CLERK'S COURT MINUTES: courtroom clerk: A. Beneke; court reporter: T. Martin; (cc: SD) (rh) (Entered: 10/21/1993)

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf (MAG) CFB 3/29/94 @ 10:00 by phone ; Evidentiary hearing (MAG) 4/21/94 @ 9:00 in Ft. Madison (cc: all counsel, cal ) (rh) (Entered: 10/21/1993)

ORDER by Chief Judge Charles R. Wolle - this case is referred to Judge W. C. Stuart for a Settlement conf. that he will schedule. (cc: all counsel) (rh) (Entered: 10/21/1993)

ORDER by Chief Judge Charles R. Wolle ; hearing 12/27/93 @ 8:30 @ ISP re: noncompliance of consent decree; by 12/6/93 parties to respond to fire marshal's report. Parties may reply to response by 12/20/93 (cc: all counsel, cal) (rh) (Entered: 11/01/1993)

ORDER Setting Settlment Conference by Honorable William C. Stuart ; Settlement conference 3/9/94 at 9:30 a.m. (cc: all counsel) (ld) (Entered: 11/03/1993)

STATUS REPORT by defendant re: Fire Marshal's inspection (rh) (Entered: 12/07/1993)

ORDER by Chief Judge Charles R. Wolle ; In-court hearing held ; Within 30 days of the filing of a report by the Fire Marshal, dfts. cnsl. to respond as to the items listed Not in compliance with the Codes (cc: all counsel) (rh) (Entered: 01/03/1994)

CLERK'S COURT MINUTES: courtroom clerk: K. Bartolo; court reporter: J. DenAdel; hearing held 1/4/94. (rh) (Entered: 01/20/1994)

MOTION by defendant for relief from settlement conf. before Chief Judge Charles R. Wolle (rh) (Entered: 03/02/1994)

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf (MAG) RESCHEDULED TO: 6/16/94 @ 11:00 am by phone call placed by pla. cnsl.; Evidentiary hearing (MAG) cancelled ; In-court hearing M/contempt 6/30/94 @ 9:00 am, court facility @ ISP (cc: all counsel,cal) (rh) (Entered: 03/03/1994)

ORDER by Honorable William C. Stuart ; Settlement conference cancelled; because of particular circumstances existing at this time. If in the future either party believes a settlement conf would be helpful in the resolution of this case, another settlement conf will be set (cc: all counsel) (sm) (Entered: 03/08/1994)

ORDER by Chief Judge Charles R. Wolle - The cancelled settlement conf. will not be rescheduled unless requested by dfts.; This case to go to trial on 6/30/94 or as soon thereafter @ ISP (cc: all counsel) (rh) (Entered: 05/03/1994)

---------------------------------------------------------- -------- VOLUME 4 ----- ------------------------ ---------------------------------------------------------- (rh) (Entered: 06/14/1994)

STATUS REPORT re: compliance w/consent decree (rh) (Entered: 05/24/1994)

ORDER Rescheduling Final Pretrial Conference by Magistrate Judge Celeste F. Bremer from 6/16/94 at 11:00 a.m. to... ; Final pretrial cnf (MAG) CFB 6/28/94 at 1:00 p.m. (cc: all counsel) (ld) (Entered: 06/08/1994)

REPORT - by Dpt. of Public Health (rh) (Entered: 06/13/1994)

MOTION by intervenor to continue trial before Chief Judge Charles R. Wolle (rh) (Entered: 06/13/1994)

STATUS REPORT by defendant (rh) (Entered: 06/20/1994)

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf (MAG) Bremer 9/23/94 at 10:30 a.m. ; Evidentiary hearing (MAG) at ISP 10/11/94 8:30 a.m. (cc: all counsel) (sm) (Entered: 06/21/1994)

CLERK'S COURT MINUTES: courtroom clerk: A. Beneke; court reporter: none; telephone conf. held (rh) (Entered: 06/22/1994)

ORDER by Chief Judge Charles R. Wolle ; Final pretrial cnf (MAG) reassigned to CRW ; final pretrial conf 9/23/94 @ 10:30 am by phone (cc: all counsel, cal) (rh) (Entered: 09/02/1994)

MOTION by plaintiff Clinton Morse Watson to Hire Expert Witness to be paid by the Court Fund before Magistrate Judge Celeste F. Bremer (sm) Modified on 09/07/1994 (Entered: 09/06/1994)

ORDER by Chief Judge Charles R. Wolle Ruling on motion to Hire Expert Witness to be paid by the Court Fund before Magistrate Judge Celeste F. Bremer [311-1] is deferred until the fpc, already set; (cc: all counsel) (sm) (Entered: 09/07/1994)

CLERK'S COURT MINUTES: courtroom clerk: Ann L Beneke, Law Clerk; court reporter: Terri Martin; Court defers ruling until FPTC. Court proposes that the case be bifurcated, beginning with fact witnesses. (sm) (Entered: 09/07/1994)

ORDER by Magistrate Judge Celeste F. Bremer ptch. (see for specifics) (cc: all counsel) (rh) (Entered: 09/23/1994)

ORDER by Chief Judge Charles R. Wolle ; Trial 10/20/94 @ 9:00 am - ISP ; Evidentiary hearing (MAG) cancelled (cc: all counsel, cal) (rh) (Entered: 09/29/1994)

ORDER by Chief Judge Charles R. Wolle re [315-2] order setting trl.; L. Lindebak to inform ct. if schedule conflicts w/trl. in this case by 10/17/94. (cc: all counsel) (rh) (Entered: 10/12/1994)

ORDER by Chief Judge Charles R. Wolle - due to dft. sched. conflict - ; Trial is rescheduled to: 11/28/94 @ 8:30 am - ISP (cc: all counsel, cal) (rh) (Entered: 10/21/1994)

MOTION by defendant for summary judgment before Chief Judge Charles R. Wolle (rh) (Entered: 10/26/1994)

STATEMENT by defendant [318-1] in support of motion for summary judgment before Chief Judge Charles R. Wolle (rh) (Entered: 10/26/1994)

MEMORANDUM by defendant in support [318-1] of motion for summary judgment before Chief Judge Charles R. Wolle (rh) (Entered: 10/26/1994)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for summary judgment by conf. call placed by the court [318-1] 8:30 11/16/94 (cc: all counsel) (rh) (Entered: 10/27/1994)

ORDER by Chief Judge Charles R. Wolle - Pla. may file responses to prior to 11/25/94; rescheduling hrng. on motion for summary judgment [318-1] to: 8:30 11/28/94 (cc: all counsel) (rh) (Entered: 11/15/1994)

ORDER by Chief Judge Charles R. Wolle re: motion for summary judgment [318-1]; arguments will be heard @ trial set for: 8:30 11/28/94 (cc: all counsel) (rh) (Entered: 11/28/1994)

RESPONSE by intervenor [319-1] re: statement (rec'd. by clk. 12/23/94) (rh) (Entered: 12/23/1994)

MEMORANDUM by intervenor in opposition to DFT. M/sumjgm. [318] (rh) (Entered: 12/23/1994)

CLERK'S COURT MINUTES: courtroom law clerk: K. Bartolo; court reporter: T. Martin; trbeg , trend [Model effects for 11/29/94 trial begin & end status deleted; extra day of trial counted at 7/24/95 minutes; shows 7/23/95 trial begin & 7/24/95 trial end for a total of two days of trial credited to judge.] (cc: SD) (rh) Modified on 10/02/1995 (Entered: 11/30/1994)

EXHIBIT LIST from trial held 11/28/94 (rh) (Entered: 11/30/1994)

WITNESS list submitted from trial held 11/28/94 (rh) (Entered: 11/30/1994)

EXHIBITS [326-1] located in expand folder on CRW's shelf (rh) (Entered: 11/30/1994)

ORDER by Chief Judge Charles R. Wolle denying motion for summary judgment [318-1], granting motion to Hire Expert Witness Gordon Kamka at the courts costs, cnsl. to provide extimate, and prop. order for review and approval by the Court [311-1] ; Trial resumed 12/27/94 - ISP ; Telephone 12/12/94 @ 8:30 am . call placed by cour.....re: scheduling (cc: all counsel) (rh) (Entered: 12/01/1994)

ORDER by Chief Judge Charles R. Wolle ; Telephone Hearing rescheduled 12/13/94 8:30 (cc: all counsel) (rh) (Entered: 12/09/1994)

CLERK'S COURT MINUTES: courtroom clerk: Kay Bartolo, law clk; court reporter: Terri Martin; ; Case ready for trial 3-13-95 or as soon thereafter as it can be reached (sm) (Entered: 12/13/1994)

TRANSCRIPT of trial held 11/28/94 - ISP filed (cover pg. only...orig. w/court file) (rh) (Entered: 12/15/1994)

ORDER by Chief Judge Charles R. Wolle ; Trial w/testimony of inmate witnesses @ ISP on 12/27/94 9:00 am; parties my complete presentation, (see for specifics) not later than 3/13/95. (cc: all counsel) (rh) (Entered: 12/15/1994)

ORDER by Chief Judge Charles R. Wolle ; Trial continued Pla. to present inmate testimony during thge proceeding they present expert witnesses. (cc: all counsel) (rh) (Entered: 12/23/1994)

MOTION by plaintiff for disbursement of $931.00 for transcripts before Magistrate Judge Celeste F. Bremer (rh) (Entered: 01/18/1995)

ORDER by Magistrate Judge Celeste F. Bremer granting motion for disbursement of $931.00 for transcripts [335-1]; $133.00 to be pd. from atty. admission fund, and $798.00 from court fund (cc: all counsel, financial) (rh) (Entered: 01/20/1995)

MOTION by intervenor-plaintiff Ernest F Walters, intervenor-plaintiff Richard D Dodd for temporary restraining order before Chief Judge Charles R. Wolle (cc: cnsl, intvp.) (rh) (Entered: 02/08/1995)

MEMORANDUM by intervenor-plaintiff in support [337-1] of motion for temporary restraining order before Chief Judge Charles R. Wolle (cc: cnsl, intvp)_ (rh) (Entered: 02/08/1995)

ORDER by Chief Judge Charles R. Wolle finding the motion for temporary restraining order [337-1] moot; upon consultation w/class cnsl., cnsl. may file an appropriate mtn. (cc: all counsel) (rh) (Entered: 02/08/1995)

STATUS REPORT - by Fed. Bureau of Prisons Rep. (rh) (Entered: 02/13/1995)

ORDER by Chief Judge Charles R. Wolle ; Telephone Hearing -re: status 4/14/95 10:00 am call placed by court (cc: all counsel) (rh) (Entered: 04/10/1995)

CLERK'S COURT MINUTES: law clerk: A. Beneke; court reporter: none; phone status conf. held; cnsl to report by 4/21/95 if witnesses will be available. (cc: JS10) (rh) (Entered: 04/14/1995)

ORDER by Chief Judge Charles R. Wolle ; Status report ddl 4/21/95 re: witnesses availability for trial @ 8:30 am on 5/22/95 (cc: all counsel) (rh) (Entered: 04/14/1995)

STATUS REPORT re: consent order....by Dept. Health, Fire Marshal, etc. (rh) (Entered: 05/02/1995)

ORDER by Chief Judge Charles R. Wolle ; Telephone Status Hearing 5/23/95 @ 11:30 call placed by court (cc: all counsel) (rh) (Entered: 05/15/1995)

CLERK'S COURT MINUTES: law clerk: A. Beneke; court reporter: none; status conf. held by telephone....re: trial dates. (cc: JS10) (rh) (Entered: 05/23/1995)

ORDER by Chief Judge Charles R. Wolle ; Trial 7/24/95 @ 9:00 am in DsM ; Case ready for trial moot (cc: all counsel) (rh) (Entered: 05/25/1995)

MOTION by intervenor Steven R Wycoff for hearing , and for contempt before Chief Judge Charles R. Wolle (cc: cnsl, Wycoff) (rh) (Entered: 06/01/1995)

STATUS REPORT by State Fire Marshal - re: consent order (rh) (Entered: 06/23/1995)

ORDER by Chief Judge Charles R. Wolle RE: motion for hearing [348- 1], taking under advisement on 7/24/95 @ the court trial the motion for contempt fld. by Wycoff pro se [348-2] (cc: all counsel) (rh) (Entered: 07/07/1995)

CLERK'S COURT MINUTES: courtroom clerk: C. Larkins; court reporter: T. Martin; 1st day trial [counted as trial begin 7/23/95 to correct 11/4/94 minutes] (cc: JS10) (rh) Modified on 10/02/1995 (Entered: 07/24/1995)

WITNESS list submitted from court for defendant (rh) (Entered: 07/24/1995)

WITNESS list submitted from court for plaintiff (rh) (Entered: 07/24/1995)

MOTION by plaintiff Clinton Morse Watson for disbursement (reimbursement for the cost of expert witness) before Magistrate Judge Celeste F. Bremer (sm) (Entered: 12/01/1995)

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RULING ON REQUEST FOR RELIEF: by Chief Judge Charles R. Wolle denying motion for contempt [348-2] (see for specifics) (cc: all counsel, index) OJ 240-57 (rh) (Entered: 12/04/1995)

JUDGMENT: entered in favor of the dfts. and against the plaintiffs with prejudice, dismissing the request to modify the consent decree. signed by rh re [355-1] order (cc: all counsel) OJ 240-58 (rh) (Entered: 12/04/1995)

MOTION by defendant for relief from final order before Chief Judge Charles R. Wolle (rh) (Entered: 12/11/1995)

MEMORANDUM by defendant in support [357-1] of motion for relief from final order before Chief Judge Charles R. Wolle (rh) (Entered: 12/11/1995)

ORDER by Magistrate Judge Celeste F. Bremer granting motion for disbursement (reimbursement for the cost of expert witness) in the amt. of $3,612.18 to Mears Law Firm [354-1] (cc: all counsel) (rh) (Entered: 12/19/1995)

ORDER by Chief Judge Charles R. Wolle ; pre-hearing conference to be on 1/12/96 @ 8:30 am @ ISP ; MEARS is appt'd. as cnsl. on issues arising from dft. M/part. relief (see for specifics) (cc: all counsel) (rh) (Entered: 12/22/1995)

ORDER by Chief Judge Charles R. Wolle -- previously scheduled pre- hearing conference and tour at ISP in Ft. Madison, IA scheduled for 1/12/96 at 8:30 a.m. cancelled, to be rescheduled at a later date. ; In-court hearing cancelled (cc: all counsel) (ld) (Entered: 01/05/1996)

RESISTANCE by plaintiff Glendale More, Jr. to motion for relief from final order before Chief Judge Charles R. Wolle [357-1] (cc: cnsl, pla Watson) (rh) Modified on 01/16/1996 (Entered: 01/16/1996)

ORDER by Chief Judge Charles R. Wolle setting hearing on motion for relief from final order by phone conf. call placed by the court [357-1] 10:00 2/16/96 (cc: all counsel) (rh) (Entered: 02/09/1996)

CLERK'S COURT MINUTES: courtroom clerk: J. Stevenson; court reporter: T. Martin; motion for relief from final order [357-1] ; hearing held 10:00 2/16/96 (cc: JS10) (rh) (Entered: 02/16/1996)

ORDER by Chief Judge Charles R. Wolle ; Trial 5/28/96 @ 9:00 am - ISP ; final pretrial conf 4/15/96 @ 12:00 by phone case referred to CFB re: settlement (cc: all counsel) (rh) (Entered: 02/16/1996)

ORDER by Magistrate Judge Celeste F. Bremer ; Telephone Hearing 3/13/96 @ 2:00 (cc: all counsel) (rh) (Entered: 03/04/1996)

copy of LETTER to counsel from intervenor-plaintiff Glendale More Jr (cc: pla) (rh) (Entered: 03/06/1996)

ORDER by Magistrate Judge Celeste F. Bremer ; Status hearing (MAG) 3/26/96 @ 11:30 am ; Telephone Hearing held (cc: all counsel) (rh) (Entered: 03/15/1996)

ORDER by Chief Judge Charles R. Wolle ; Trial cancelled - to be rescheduled during period of 4/22 - 4/26 ; cnsl. to advise (cc: all counsel) (rh) (Entered: 03/25/1996)

ORDER by Magistrate Judge Celeste F. Bremer ; Status hearing (MAG) resched. to 4/17/96 @ 10:30 by phone conf. call placed by court (cc: all counsel) (rh) (Entered: 03/29/1996)

ORDER by Chief Judge Charles R. Wolle ; Status hearing (MAG) 4/17/96 @ 10:30 am by phone (cc: all counsel) (rh) (Entered: 04/09/1996)

MOTION by defendant for trial setting before Chief Judge Charles R. Wolle (rh) (Entered: 04/11/1996)

ORDER by Magistrate Judge Celeste F. Bremer ; Trial 5/13/96 @ 9:00 in FT MADISON ; Status hrng. held , ; Status report ddl 4/22/96 , ptch (cc: all counsel) (rh) (Entered: 04/17/1996)

STATUS REPORT by intervenor-plaintiff (rh) (Entered: 04/22/1996)

ORDER by Chief Judge Charles R. Wolle ; Status hearing 4/26/96 @ 3:00 pm - by phone (cc: all counsel) (rh) (Entered: 04/22/1996)

CLERK'S COURT MINUTES: courtroom clerk: J. Stevenson; court reporter: T. Martin; ; Status hearing held 4/26/96 (cc: JS10) (rh) (Entered: 04/29/1996)

MOTION by PHIL MEARS to withdraw as pla. class attorney before Judge Charles Wolle (rh) Modified on 04/29/1996 (Entered: 04/29/1996)

ORDER by Chief Judge Charles R. Wolle - cnsl. to file stmt. by 5/10/96 re: impact the "Prision Litigation Reform Act" will have on this case (cc: all counsel) (rh) (Entered: 04/29/1996)

RESISTANCE by defendant to motion to withdraw as pla. class attorney before Judge Charles Wolle [378-1], motion to withdraw class attorney [376-1] (rh) (Entered: 05/02/1996)

ORDER by Chief Judge Charles R. Wolle granting motions to withdraw as pla. class attorney [378-1] and [376-1], withdrawing attorney PHILIP B MEARS granting motion for appointment of new counsel [376-2], clk. to locate new cnsl. to rep. pla. class. (cc: all counsel, clk., pla's) (rh) (Entered: 05/03/1996)