Case: Smook v. Minehaha County

Smook, et al v. County of Minnehaha

Smook v. Minnehaha County, South Dakota

Smook v. County of Minnehaha

Smook v. County of Minnehaha

Smook v. Minnehaha County, South Dakota

Smook v. Minnehaha County, South Dakota

U.S. Court of Appeals for the Eighth Circuit

Smook v. Minnehaha County, S.D.

Supreme Court of the United States

PRO HAC VICE fee paid by Gessler & Hughes for Mary Margaret Rowland and Matthew Piers (SKM)

CIVIL COVER SHEET (SKM) (DJP). (Entered: 11/01/2000)

FILING FEE PAID: on 11/1/00 in the amount of $150.00, receipt # 26783. (SKM)

COMPLAINT: 6 summons(es) issued handed to plaintiff's counsel; jury demand (SKM) (Entered: 11/01/2000)

MOTION for attorney Matthew J. Piers to appear pro hac vice by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SKM) (Entered: 11/06/2000)

MOTION for attorney Mary Margaret Rowland to appear pro hac vice by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SKM) (Entered: 11/06/2000)

RETURN OF SERVICE executed upon defendant Jim Banbury on 11/2/00 (FE) (Entered: 11/08/2000)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Minnehaha, County of on 11/3/00 (FE) (Entered: 11/08/2000)

JOINT ANSWER by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe to Complaint [1-1] (SKM) (Entered: 11/15/2000)

ORDER For Form 35 Report and Scheduling Information by Lawrence L. Piersol (cc: all counsel) (SKM) (Entered: 11/16/2000)

MEMORANDUM/BRIEF by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to strike answer [9-1] (FE) (Entered: 01/04/2001)

MOTION to strike answer by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (FE) (Entered: 01/04/2001)

RULE 26 Disclosures by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SLL) (Entered: 01/10/2001)

Form 35 Report Of Parties Planning Meeting re [8-1] (FE) (Entered: 01/11/2001)

RESPONSE/BRIEF by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe to motion to strike answer [9-1] (FE) Modified on 01/11/2001 (Entered: 01/11/2001)

RULE 16 SCHEDULING ORDER Lawrence L. Piersol ; Discovery ddl set for 7/20/01 ;mtn filing ddl set for 8/15/01 ; motion hearing and pretrial conference set for 9:00 10/15/01; jury trial set for 9:30 11/13/01 (cc: all counsel) (SLL) Modified on 01/23/2001 (Entered: 01/23/2001)

ORDER by Lawrence L. Piersol denying motion to strike answer [9-1] (cc:all counsel) (SLL) (Entered: 01/19/2001)

MINUTES RE: scheduling before the Hon. Lawrence L. Piersol, US Chief Judge, Sioux Falls, SD; Court will issue scheduling Order; Court denies Motion to Strike (DOC 9) Total In Court Time 30 minutes (FE) (Entered: 01/19/2001)

RULE 26 Disclosures by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe (DJP) Modified on 02/22/2001 (Entered: 02/22/2001)

RETURN OF SERVICE executed on 2/20/01 upon Sioux Falls Police Department (FE) Modified on 03/06/2001 (Entered: 03/06/2001)

MOTION to compel by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 03/21/2001)

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to compel [19-1] (DJP) (Entered: 03/21/2001)

MOTION for extension of time to file Motion for Class Certification by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 03/21/2001)

MEMORANDUM by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe in opposition to motion to compel [19-1] (DJP) (Entered: 04/09/2001)

MOTION to extend or vacate discovery dates by plaintiff Jodie Smook (SLL) (Entered: 05/14/2001)

MEMORANDUM OPINION AND ORDER by Lawrence L. Piersol granting motion to compel [19-1] granting motion for extension of time to file Motion for Class Certification [21-1] (cc: all counsel) (DJP) (Entered: 05/22/2001)

MOTION to certify class action by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (JMM) (Entered: 06/04/2001)

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to certify class action [25-1] (JMM) (Entered: 06/04/2001)

MOTION for reconsideration of motion to compel by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (FE) (Entered: 06/13/2001)

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion for reconsideration of motion to compel [27-1] (FE) (Entered: 06/13/2001)

MEMORANDUM by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe in opposition to motion to certify class action [25-1] (JMM) (Entered: 06/19/2001)

MEMORANDUM by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe in opposition to motion for reconsideration of motion to compel [27-1] (DJP) (Entered: 06/27/2001)

REPLY by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook to response to and in Support of motion to certify class action [25-1] (LMZ) (Entered: 06/29/2001)

ORDER by Judge Lawrence L. Piersol granting motion to extend or vacate discovery dates [23-1] ;Pretrial conference satisfied on 7/6/01 ; jury trial satisfied on 7/6/01 ; motion filing ddl satisfied ; discovery ddl satisfied (cc:all counsel) (JMM) (Entered: 07/06/2001)

MOTION for leave to file reply brief instanter by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/10/2001)

REPLY by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook to response to motion for reconsideration of motion to compel [27-1] (DJP) (Entered: 07/10/2001)

SUPPLEMENT by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook re memorandum in support of motion ro reconsider [28-1] (FE) (Entered: 07/18/2001)

MEMORANDUM OPINION AND ORDER by Judge Lawrence L. Piersol granting motion for reconsideration of motion to compel [27-1], granting motion to compel [19-1] subject to protection order issued in the Court's 5/22/01 Memorandum Opinion and Order; any supplement to the motion for class certificated based upon the JDC records shall be filed within 20 days of plaintiff's receipt of those records; defendants shall have 10 days from the date of the filing of plaintiff's supplement in which to file a response (cc: all counsel) (SKM) (Entered: 07/31/2001)

MOTION to extend due date to file supplement to motion for class certification by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 09/25/2001)

ORDER by Judge Lawrence L. Piersol granting motion to extend due date to file supplement to motion for class certification [37-1]; if the parties have resolved their discovery dispute within 20 days from the date of this Order, plaintiff shall file any supplement to her motion for class certification within 20 days after she receives further documents from defendants; if the parties have not resolved their discovery dispute within 20 days from the date of this Order, the plaintiff shall at that time either bring the dispute to the attention of the Court or file any Supplement to her Moion for Class Certification (cc:all counsel) (DJP) (Entered: 10/01/2001)

SUPPLEMENT by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to certify class action [25-1] (in expando) (SKM) Modified on 10/19/2001 (Additional attachment(s) added on 3/10/2011: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 4) (JMM). (was no exhibit 3) (Entered: 10/19/2001)

MOTION to File Pleading Under Seal by plaintiff Jodie Smook (LMZ) (Entered: 10/30/2001)

ORDER by Judge Lawrence L. Piersol granting in part denying in part motion to File Pleading Under Seal [40-1]; plaintiff's supplement in support of motion for class certification (doc 39) shall be filed in the court file and the attachments shall be filed under seal (cc:all counsel) (SKM) (Entered: 11/01/2001)

MEMORANDUM OPINION AND ORDER by Judge Lawrence L. Piersol granting motion to certify class action [25-1]; plaintiff shall file proposed form of notice to class members with the Court within 10 days from date of service of this Order (cc: all counsel) (FE) (Entered: 03/20/2002)

MOTION to extend date for class notice by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 03/29/2002)

SEE VOLUME II (FE)

VOLUME II (FE)

LETTER from defendant Minnehaha, County of, defendant Jim Banbury re: no objection to motion to extend date for class notice (SKM) (Entered: 04/05/2002)

ORDER by Judge Lawrence L. Piersol granting motion to extend date for class notice [43-1]; plaintiff shall file a proposed form of notice to class members to the Court by 4/5/02 (cc:all counsel) (SKM) (Entered: 04/05/2002)

PRO HAC VICE fee paid by Gessler Hughes Socol Piers Resnick & Dym, Ltd. on behalf of Juliet Berger-White (DJP)

CERTIFICATE OF SERVICE by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SKM) (Entered: 04/05/2002)

ORDER by Judge Lawrence L. Piersol granting motion for attorney Juliet Berger-White to appear pro hac vice [47-1] (cc:all counsel) (FE) (Entered: 04/08/2002)

MOTION to compel by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/03/2002)

MOTION to seal exhibits by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/03/2002)

MOTION to amend caption by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (DJP) (Entered: 07/03/2002)

MEMORANDUM by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook in support of motion to compel [48-1] (DJP) (Entered: 07/03/2002)

CERTIFICATE OF SERVICE by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook (SLL) (Entered: 07/09/2002)

MOTION (Stipulation) to amend caption by plaintiff Jodie Smook, plaintiff Vicky Smook, plaintiff Randy Smook, defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe (DJP) (Entered: 07/19/2002)

RESPONSE by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe to motion to amend caption [50-1], motion to seal exhibits [49-1], motion to compel [48-1] (SLL) (Entered: 07/22/2002)

AFFIDAVIT of Todd Cheever re defendants response to motions to compel, to amend caption, and to file exhibits under seal [54-1] (SLL) (Entered: 07/22/2002)

CERTIFICATE OF SERVICE by defendant Minnehaha, County of, defendant Jim Banbury, defendant John Doe, defendant Jane Doe (SLL) (Entered: 07/23/2002)

ORDER by Judge Lawrence L. Piersol granting motion to amend caption [53-1] terminating party Randy Smook, party Vicky Smook (cc:all counsel) (JMM) (Entered: 07/23/2002)

REPLY by plaintiff Jodie Smook to response to motion to compel [48-1] (FE) (Entered: 08/05/2002)

ORDER by Magistrate Judge John E. Simko granting motion to seal exhibits [49-1] directing that exhibits F and G of brief in support of motion to compel be filed under seal; granting motion to amend caption [50-1] Todd Cheever shall be substituted as Director of Minnehaha County Juvenile Detention Center; granting motion to compel [48-1] as stated in order (cc:all counsel) (SKM) (Entered: 09/19/2002)

ORDER by Judge Lawrence L. Piersol adopting in part notice [46-1] amended as stated in this order (cc:all counsel) (SKM) (Entered: 10/01/2002)

CERTIFICATE OF SERVICE by plaintiff Jodie Smook (DJP) (Entered: 10/08/2002)

ORDER by Judge Lawrence L. Piersol; caption to be set forth naming def Todd Cheever in his official capacity as Director of Minnehaha County Juvenile Detention Center and naming def Jim Banbury in his individual capacity (cc:all counsel) (SLL) (Entered: 10/15/2002)

NOTICE Of Filing Proposed Class Notice by plaintiff Jodie Smook (FE) (Entered: 10/15/2002)

ORDER by Judge Lawrence L. Piersol Proposed Class Notice is approved by the Court for Dissemination to the class plaintiffs; class counsel for plaintiff shall provide the class notice by first class mail to the last known address of each individual class member, if notices are returned with expired forwarding orders and the forwarding address is included, or if other new addresses are received for class members after the notice is mailed, the notice shall be remailed to the forwarding or new address; class counsel for plaintiff shall keep accurate and complete records of steps taken to give notice which will provide documentation of the costs of providing such notice as well as the adequacy of such notice (cc:all counsel) (FE) (Entered: 10/15/2002)

CLASS NOTICE by plaintiff Jodie Smook (FE) (Entered: 10/15/2002)

MOTION to amend protective order by plaintiff Jodie Smook (SLL) (Entered: 11/20/2002)

MOTION to expand class definition, and postpone class exclusion date by plaintiff Jodie Smook (SLL) (Entered: 11/20/2002)

CERTIFICATE OF SERVICE by plaintiff Jodie Smook (SLL) (Entered: 11/20/2002)

RESPONSE by defendant Minnehaha, County of, defendant John Doe, defendant Jane Doe, defendant Todd Cheever to motion to expand class definition [67-1], motion postpone class exclusion date [67-2], motion to amend protective order [66-1] (DJP) (Entered: 12/12/2002)

Notice of Filing and Certificate of Service, with attached REPLY by plaintiff Jodie Smook to response to motion to expand class definition [67-1], motion postpone class exclusion date [67-2], motion to amend protective order [66-1] (DJP) (Entered: 12/27/2002)

ORDER by Judge Lawrence L. Piersol granting motion to amend protective order [66-1] denying without prejudice motion to expand class definition to plaintiffs' right to submit amended proposed definition of minor offenses on/before 1/24/03 [67-1], granting motion postpone class exclusion date [67-2] (cc:all counsel) (SLL) (Entered: 01/14/2003)

MOTION to amend class definition by plaintiff Jodie Smook (SLL) (Entered: 01/27/2003)

MEMORANDUM by plaintiff Jodie Smook in support of motion to amend class definition [72-1] (SLL) (Entered: 01/27/2003)

NOTICE of filing by plaintiff Jodie Smook (SLL) (Entered: 01/27/2003)

MEMORANDUM by defendant Minnehaha, County of, defendant John Doe, defendant Jane Doe, defendant Todd Cheever in opposition to motion to amend class definition [72-1] (DJP) (Entered: 02/13/2003)

REPLY Memorandum by plaintiff Jodie Smook in support of motion to amend class definition [72-1] (SKM) (Entered: 02/25/2003)

NOTICE OF FILING AND CERTIFICATE OF SERVICE by plaintiff Jodie Smook (SKM) (Entered: 02/25/2003)

MEMORANDUM OPINION AND ORDER by Judge Lawrence L. Piersol granting in part denying in part motion to amend class definition [72-1]; see order for further relief (cc: all counsel) (SKM) (Entered: 06/06/2003)

MOTION for Extension of Time to File Answer by Todd Cheever, Jane Doe, John Doe, Minnehaha County, South Dakota. (SKM) (Entered: 08/20/2003)

MOTION to withdraw motion for extension of time to file answer 79 by Todd Cheever, Jane Doe, John Doe, Minnehaha County, South Dakota. (DJP) Modified on 8/27/2003 (DJP, ). (Entered: 08/25/2003)

ORDER; the Proposed Class Notice, e-mailed to the Court on September 11, 2003, and a copy of which is attached to this Order, is approved by the Court for dissemination to the class plaintiffs; class counsel for plaintiff shall provide the class notice by first class mail to the last known address of each individual class member; if notices are returned with expired forwarding orders and the forwarding address is included, or if other new addresses are received for class members after the notice is mailed, the notice shall be re-mailed to the forwarding or new address; the class counsel for plaintiff shall keep accurate and complete records of the steps taken to give notice, which will provide documentation of the costs of providing such notice as well as the adequacy of such notice. Signed by Judge Lawrence L. Piersol on 9/11/03. (DJP) (Entered: 09/12/2003)

NOTICE of Filing to Class and Certificate of Service by Jodie Smook (SLL, ) (Entered: 09/16/2003)

ORDER approving Proposed Class Notice, e-mailed to Court on 9/24/03, a copy attached to this order. Signed by Judge Lawrence L. Piersol on 9/24/03. (SLL, ) (Entered: 09/24/2003)

NOTICE of Filing and Certificate of Service by Jodie Smook (SKM) (Entered: 10/01/2003)

NOTICE of Appearance by Mary A. Akkerman, Susan M. Sabers, Gary P. Thimsen on behalf of Todd Cheever, Minnehaha County, South Dakota (SKM) (Entered: 02/23/2004)

MOTION for Summary Judgment by Todd Cheever, Minnehaha County, South Dakota. (SKM) (Entered: 02/23/2004)

MEMORANDUM in Support re 86 MOTION for Summary Judgment filed by Todd Cheever, Minnehaha County, South Dakota. (SKM) (Entered: 02/23/2004)

AFFIDAVIT of Todd Cheever. (SKM) (Entered: 02/23/2004)

STATEMENT of Undisputed Material Facts by Defendants Todd Cheever, Minnehaha County, South Dakota. (SKM) (Entered: 02/23/2004)

AFFIDAVIT of Gary P. Thimsen. (Attachments: # 1 # 2 # 3(SKM) (Entered: 02/23/2004)

MOTION for Partial Summary Judgment by Jodie Smook. (SKM) (Entered: 02/26/2004)

MEMORANDUM in Support re 91 MOTION for Summary Judgment filed by Jodie Smook. (SKM) (Entered: 02/26/2004)

STATEMENT of Material Facts by Plaintiff Jodie Smook in support of 91 MOTION for Summary Judgment. (SKM) (Entered: 02/26/2004)

CERTIFICATE OF SERVICE by Jodie Smook (SKM) (Entered: 02/26/2004)

APPENDIX in Support of Motion for Partial Summary Judgment by Plaintiff Jodie Smook. (Attachments: Exhibit A - Court's Order and Opinion of June 6, 2003 ; Exhibit B - Deposition of Jim Banbury ; Exhibit C - Banbury Deposition Exhibit 1 JDC Manual ; Exhibit D - Deposition of Todd Cheever ; Exhibit E - Todd Cheever Deposition Exhibit 1: Supplemental JDC Manual ; Exhibit F - Deposition of Lynn Krell ; Exhibit G - Krell Deposition Exhibit 1: JDC's Consideration Codes ; Exhibit H - Deposition of Bridget Devlin ; Exhibit I - Deposition of Jodie Smook ; Exhibit J - Minnehaha County Board of Commissioners 9/19/99 Meeting ; Exhibit K - Todd Cheever's Response to Plaintiff's Third Set of Document Request, Ex. B: Reasonable Suspicion Assessment Form ; Exhibit L - Answers to Plaintiff's First Set of Interrogatories to Defendant Jim Banbury ; Exhibit M - Answers to Plaintiff's First Set of Interrogatories to Defendant Minnehaha County; Exhibit N - Responses to Plaintiff's First Set of Document Requests to Defendant Minnehaha County ; Exhibit O - Complaint; Exhibit P - Answer(SKM) (Entered: 02/26/2004)