Case: Remmers v. Brewer

U.S. Court of Appeals for the Eighth Circuit

Supreme Court of the United States

Supreme Court of the United States

U.S. Court of Appeals for the Eighth Circuit

Loney v. Scurr

MOTION 60(B) from the injunctive relief (Original filed under 4−81−cv−303 on 12/16/04) by Lou V Brewer, David Scurr. Responses due by 2/24/2005 (Attachments: # 1 Motion for 4−72−cv−177# 2 Brief for 4−81−cv−303# 3 Brief for 4−72−cv−177) (don, ) (Entered: 02/07/2005)

ORDER appointing counsel and for R. 16(b) hearing: Pat Ingram appointed to represent plaintiffs. Scheduling Conference set for 2/18/2005 at 09:00 AM before Magistrate Judge Ross A. Walters. Court to make call. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 2/8/2005. (klw) (Entered: 02/08/2005)

MOTIONS 1 MOTION 60(B) from the injunctive relief REFERRED to Judge Robert W. Pratt. (dv, ) (Entered: 02/11/2005)

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Telephone Conference held on 2/18/2005. Scheduling of discovery and evidentiary hearing discussed. Separate order to follow. (klw) (Entered: 02/18/2005)

ORDER REFERRING CASE to Magistrate Judge for Report and Recommendation . Entered by Robert W. Pratt on 2/24/2005. (mlm, ) (Entered: 02/24/2005)

MOTION for Extension of Time to File Answer re 1 MOTION 60(B) from the injunctive relief by Steven R Wycoff. (Ingram, Patrick) (Entered: 03/21/2005)

TEXT ORDER: ORDER granting 7 plaintiffs motion for extension of time to respond to 1 defendants' 60(b) motion. Plaintiffs' response shall be filed by 3/28/2005. Entered by Magistrate Judge Ross A. Walters on 3/21/2005. (klw) (Entered: 03/21/2005)

STATUS REPORT TO THE COURT by Steven R Wycoff, Michael D Remmers, Robert Loney. (Ingram, Patrick) (Entered: 03/25/2005)

TEXT ORDER: ORDER regarding party plaintiffs. Pursuant to the status report filed by counsel for the plaintiffs, which will be treated as a motion to substitute parties, the Clerk of Court shall terminate Steven Wycoff, Michael D. Remmers and Robert Loney as plaintiffs in this case and substitute as plaintiff−intervenors in their place the following individuals: Jeff Winters #1045267, Jacob Voshell #0803664, Bert Smith #1098924, Kris Johnson #1016548, and George Goff #0401631B. Entered by Magistrate Judge Ross A. Walters on 3/29/2005. (klw) (Entered: 03/29/2005)

Attorney Ingram for Jeff Winters added. Attorney Patrick E Ingram and John B Whiston terminated for Remmers, Loney, Wycoff. (klw) (Entered: 03/29/2005)

George Goff as plaintiff−intervenor rep by Patrick E Ingram added. George Goff as defendant terminated −− e−filing error in adding/terminating parties in order 10 . (klw) (Entered: 03/29/2005)

TEXT ORDER: On the Court's own motion the time for plaintiffs to respond to 1 defendants' Rule 60(b) motion is extended to 4/18/2005. Entered by Magistrate Judge Ross A. Walters on 4/5/2005. (klw) (Entered: 04/05/2005)

RESPONSE to Motion re 1 MOTION 60(B) from the injunctive relief filed by Steven R Wycoff, Jeff Winters, Jake Voshell, Michael D Remmers, Bert Smith, Kris Johnson, George Goff, Robert Loney. Replies due by 6/21/2005. (Ingram, Patrick) (Entered: 06/09/2005)

Text Minute Entry: Telephonic status conference with counsel 6/21/2005. Evidentiary hearing remains set for 9/27/2005. (klw) (Entered: 06/21/2005)

REPLY to Plaintiffs' Answer re 12 Response to Motion filed by Lou V Brewer, David Scurr. (Wallace, H) (Entered: 06/29/2005)

MOTION to Continue Defendants' Request for Continuance of Trial Date by Lou V Brewer, David Scurr. (Wallace, H) (Entered: 08/22/2005)

TEXT ORDER: ORDER granting 15 defendants' request for continuance of trial date. Evidentiary hearing set for 9/27/2005 is continued. The final pretrial conference set for 9/2/2005 at 9:00 AM will be not be held, but the Court will use the scheduled time as a telephonic scheduling conference to discuss a new date for evidentiary hearing. Counsel for defendants shall arrange for the call. The Court may be reached at (515) 284−6217 for purposes of the conference. Entered by Magistrate Judge Ross A. Walters on 8/23/2005. (klw) (Entered: 08/23/2005)

TEXT MINUTE ENTRY: Proceedings held before Magistrate Judge Ross A. Walters: Scheduling Conference held on 9/2/2005. Pat Ingram appeared for plaintiffs; Loraine Wallace appeared for defendant. Following conference with counsel, new date for evidentiary hearing set. Separate order to follow. (klw) (Entered: 09/02/2005)

ORDER SCHEDULING EVIDENTIARY HEARING AND FINAL PRETRIAL: Evidentiary Hearing set for 1/17/2006 at 10:00 AM before Magistrate Judge Ross A. Walters at ISP −− 4 days. Final Pretrial Conference set for 1/6/2006 at 09:00 AM before Magistrate Judge Ross A. Walters. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 9/2/2005. (klw) (Entered: 09/02/2005)

MOTION to Strike 12 Response to Motion Defendant's Motion to Strike Jury Demand by Lou V Brewer, David Scurr. Responses due by 10/3/2005 (Attachments: # 1 Memorandum in Support of Defendant's Motion to Strike Jury Demand)(Lindebak, Layne) (Entered: 09/15/2005)

ORDER granting 19 defendants' Motion to Strike. Entered by Magistrate Judge Ross A. Walters on 10/12/2005. (klw) (Entered: 10/12/2005)

Text Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Scheduling Conference held on 12/6/2005. Separate order to follow. (klw) (Entered: 12/06/2005)

ORDER Rescheduling Evidentiary Hearing and Final Pretrial: Evidentiary Hearing set for 6/12/2006 at 10:00 AM before Magistrate Judge Ross A. Walters at ISP. Final Pretrial Conference set for 5/26/2006 at 11:00 AM before Magistrate Judge Ross A. Walters by telephone. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 12/6/2005. (klw) (Entered: 12/06/2005)

Minute Entry for proceedings held before Judge Ross A. Walters : Attorney Patrick E Ingram for Jeff Winters added to correct docket. (klw) (Entered: 12/06/2005)

Minute Entry for proceedings held before Judge Ross A. Walters : Attorney Ingram terminated −− duplicate entry. (klw) (Entered: 12/06/2005)

MOTION to Continue by Steven R Wycoff. (Ingram, Patrick) (Entered: 02/09/2006)

TEXT ORDER: ORDER granting 23 motion to continue evidentiary hearing. The evidentiary hearing in this case is continued to 6/26/2006 at 10:00 AM. The estimated length of hearing is four days. Entered by Magistrate Judge Ross A. Walters on 2/10/2006. (klw) (Entered: 02/10/2006)

Text Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Telephonic Status Conference with counsel held on 5/26/2006. FPT to be rescheduled. (klw) (Entered: 05/26/2006)

MOTION to Withdraw as Attorney by Steven R Wycoff, Jeff Winters, Jake Voshell, Michael D Remmers, Bert Smith, Kris Johnson, George Goff, Robert Loney. Responses due by 6/19/2006 (Ingram, Patrick) (Entered: 06/02/2006)

TEXT ORDER: ORDER granting 26 request by counsel for plaintiff to file supplemental record under seal. The Clerk of Court shall set the seal access flag, after which counsel may file the supplement as an ex parte filing. Entered by Magistrate Judge Ross A. Walters on 6/2/2006. (nsr) (Entered: 06/02/2006)

ORDER FOLLOWING FINAL PRETRIAL CONFERENCE. Evidentiary hearing 6/26/2006 at 10:00 AM in Des Moines, Iowa. See order for particulars. Entered by Magistrate Judge Ross A. Walters on 6/21/2006. (klw) (Entered: 06/21/2006)

TEXT ORDER: ORDER continuing evidentiary hearing. On oral motion of defense counsel and with the consent of plaintiffs' counsel, evidentiary hearing is rescheduled to begin at 10:00 AM on Monday, 8/28/2006, Room 460 at the U.S. Courthouse in Des Moines, Iowa. The parties shall provide their pretrial order as previously discussed by 8/18/2006. Entered by Magistrate Judge Ross A. Walters on 6/23/2006. (klw) (Entered: 06/23/2006)

Motions terminated: 26 MOTION to Withdraw as Attorney. (klw) (Entered: 06/26/2006)

Proposed Pretrial Order Proposed Final Pre−Trial Order by Lou V Brewer, David Scurr. (Wallace, H) (Entered: 08/25/2006)

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Evidentiary Hearing held on 8/29/2006. (Court Reporter Kelli Mulcahy.) (klw) Modified on 8/31/2006 to make date changes per KW (dv, ). (Entered: 08/30/2006)

Minute Entry for proceedings held before Magistrate Judge Ross A. Walters : Evidentiary Hearing held on 8/30/2006. (Court Reporter Kelli Mulcahy.) (klw) (Entered: 08/30/2006)

Exhibit and Witness List −− evidentiary hearing 8/28 − 8/30/2006. (klw) (Entered: 08/31/2006)

TRANSCRIPT of Proceedings of hearing held on August 28, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: Vol I 1−180. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

TRANSCRIPT of hearing proceedings held on August 29, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 181−379. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

SEALED PORTIONS OF TRANSCRIPT of hearing proceedings held on August 29, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 211−294 and 351−378. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

TRANSCRIPT of hearing proceedings held on August 30, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 380−546. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

SEALED PORTION OF TRANSCRIPT of hearing proceedings held on August 30, 2006 before Judge Ross A. Walters. Court Reporter: Kelli M. Mulcahy. Page No(s).: 413−472. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (ljf, ) (Entered: 09/15/2006)

MOTION Motion for Reimbursement and Payment of Court Reporter Motions referred to Ross A. Walters. by Jeff Winters. Responses due by 10/23/2006 (Attachments: # 1 Exhibit)(Ingram, Patrick) (Entered: 10/06/2006)

MOTION REFERRAL − NO DOCUMENT − 43 MOTION Motion for Reimbursement and Payment of Court Reporter. Motions referred to Celeste F. Bremer. (rmj) (Entered: 10/06/2006)

Joint MOTION for Extension of Time to File Post−trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 10/27/2006 (Wallace, H) (Entered: 10/10/2006)

TEXT ORDER: ORDER granting 45 joint motion for extension of time. The parties may have to and including 11/1/2006 to file the post−trial briefs in this matter. Entered by Magistrate Judge Ross A. Walters on 10/10/2006. (klw) (Entered: 10/10/2006)

ORDER granting 43 Motion for Reimbursement. The Clerk shall issue payment in the amount of $1791.90 to Peterson Court Reporters for payment of a transcript, and $767.75 to Patrick Ingrams for out−of−pocket expenses from the Attorney Admission Fee Fund. Signed by Judge Celeste F. Bremer on 10/17/2006. (mlr) (Entered: 10/17/2006)

Unresisted MOTION for Extension of Time to File Post−trial Brief Motions referred to Ross A. Walters. by John Ault. Responses due by 11/16/2006 (Wallace, H) (Entered: 10/30/2006)

TEXT ORDER: ORDER granting 48 defendant's unopposed motion for extension of time to file post−trial briefs. The parties' briefs may be filed on or before 11/15/2006. Entered by Magistrate Judge Ross A. Walters on 10/31/2006.(klw) (Entered: 10/31/2006)

Third MOTION for Extension of Time to File Post−trial Brief Motions referred to Ross A. Walters. by John Ault. Responses due by 12/4/2006 (Wallace, H) (Entered: 11/15/2006)

TEXT ORDER: ORDER granting 50 defendant's motion for extension of time to file post−trial brief. Counsel for plaintiffs does not object. The deadline for the parties to file post−trial briefs is extended to 12/22/2006. Entered by Magistrate Judge Ross A. Walters on 11/16/2006.(klw) (Entered: 11/16/2006)

Joint MOTION for Extension of Time to File Post−trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 1/8/2007 (Wallace, H) (Entered: 12/22/2006)

TEXT ORDER: ORDER granting 52 the parties' Joint Motion for Extension of Time. The deadline for the parties to file post−trial briefs is extended to 1/16/2007. Signed by Magistrate Judge Ross A. Walters on 12/22/2006. (nsr) (Entered: 12/22/2006)

MOTION for Extension of Time to File Post−trial Brief Motions referred to Ross A. Walters. by John Ault. Responses due by 2/5/2007 (Wallace, H) (Entered: 01/17/2007)

TEXT ORDER: ORDER granting 54 defendant's motion for extension of time to file post−trial brief. The parties' briefs shall be filed by 1/26/2007. Entered by Magistrate Judge Ross A. Walters on 1/17/2007.(klw) (Entered: 01/17/2007)

MOTION for Extension of Time to File post−trial briefs Motions referred to Ross A. Walters. by Jeff Winters, Jake Voshell, Bert Smith, Kris Johnson, George Goff. Responses due by 2/12/2007 (Ingram, Patrick) (Entered: 01/26/2007)

TEXT ORDER: ORDER granting 56 plaintiff's motion for extension of time to file post−trial briefs. Post−trial briefs shall be filed by 2/28/2007. Entered by Magistrate Judge Ross A. Walters on 1/29/2007.(klw) (Entered: 01/29/2007)

Joint MOTION for Extension of Time to File Post Trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 3/15/2007 (Wallace, H) (Entered: 02/26/2007)

TEXT ORDER: ORDER granting 58 joint motion for extension of time. The parties shall file their post−trial briefs in this case by 3/9/2007. Entered by Magistrate Judge Ross A. Walters on 2/27/2007.(klw) (Entered: 02/27/2007)

Joint MOTION for Extension of Time to File Post Trial Briefs Motions referred to Ross A. Walters. by John Ault. Responses due by 3/26/2007 (Wallace, H) (Entered: 03/08/2007)

TEXT ORDER: ORDER granting 60 joint motion for extension of time. The parties shall file their post−trial briefs in this case by 4/2/2007. Entered by Magistrate Judge Ross A. Walters on 3/8/2007. (klw) (Entered: 03/08/2007)

Joint MOTION for Extension of Time to File Post Trial Motions referred to Ross A. Walters. by John Ault. Responses due by 4/16/2007 (Wallace, H) (Entered: 03/30/2007)

TEXT ORDER: ORDER granting 62 joint motion for extension of time. The parties shall file their post−trial briefs in this case by 5/11/2007. Signed by Magistrate Judge Ross A. Walters on 4/2/2007.(klw) (Entered: 04/02/2007)

TEXT ORDER: ORDER extending briefing schedule. On oral motion of counsel for the parties, the briefing schedule is extended as follows: Defendants' brief shall be filed by 5/25/2007. Plaintiffs' responsive brief shall be filed by 6/1/2007. Entered by Magistrate Judge Ross A. Walters on 5/10/2007. (klw) (Entered: 05/10/2007)

TEXT ORDER: ORDER extending briefing schedule. On oral motion of counsel for the parties, the briefing schedule is extended as follows: Defendants' brief shall be filed by 6/1/2007. Plaintiffs' responsive brief shall be filed by 6/8/2007. Entered by Magistrate Judge Ross A. Walters on 5/25/2007.(klw) (Entered: 05/25/2007)

Set/Reset Deadlines: Defendants brief filed by 6/1/07. Plaintiffs' responsive brief filed 6/8/07 (dv, ) (Entered: 05/29/2007)

Sealed Document. (Wallace, H) (Entered: 06/01/2007)

Sealed Document. (Ingram, Patrick) (Entered: 06/08/2007)

Sealed Document. (Wallace, H) (Entered: 06/27/2007)

REPORT AND RECOMMENDATIONS re 1 MOTION 60(B) for relief from the a judgment or order filed by John Ault. Objections to RRdue by 1/8/2009. Signed by Magistrate Judge Ross A. Walters on 12/5/2008. (klw) (Entered: 12/05/2008)

TEXT ORDER: ORDER extending objection period. On oral motion of the parties, the period of time to object to the report and recommendation of 12/5/2008 is extended to 3/9/2009. Entered by Magistrate Judge Ross A. Walters on 1/6/2009.(klw) (Entered: 01/06/2009)

ORDER adopting Report and Recommendations re 69 Report and Recommendations.; granting 1 Rule 60(b) motion and that defendant be relieved from the prospective application of the judgments in Remmers v. Brewer,. Signed by Chief Judge Robert W. Pratt on 4/2/09. (mlm, ) (Entered: 04/02/2009)

JUDGMENT in favor of John Ault against Bert Smith, George Goff, Jake Voshell, Jeff Winters, Kris Johnson. Signed by Clerk Marjorie Krahn on 4/3/2009. (don) (Entered: 04/03/2009)

EXHIBIT WITHDRAWAL LETTER to Patrick E Ingram, Layne M Lindebak, H Loraine Wallace Withdrawal of Exhibits due by 7/20/2009. (Attachments: # 1 receipt) (ljf, ) (Entered: 06/18/2009)

RECEIPT FOR EXHIBITS picked up by H Loraine Wallace for defendant. (ljf, ) (Entered: 07/22/2009)

PUBLIC DOCKET ANNOTATION; exhibit withdrawal deadline past, plaintiff's paper copy exhibit 1 shredded this date in the clerk's office (ljf, ) (Entered: 08/10/2009)