Case: Dugas v. Jefferson County

Dugas v. Jefferson County

Dugas v. Jefferson County, Texas

U.S. Court of Appeals for the Fifth Circuit

Notice of Removal by dfts Jefferson Cnty, TX, Carl R Griffith & Eric R Payne, #E152032 from the District Court of Jefferson Cnty, TX with the following: (1) Pla's original petition (2) Orig ans by dfts Jefferson Cnty, TX, Carl R Griffith, Jr & Eric R Payne to pla's orig petition (3) Certified copy of State Court Docket Sheet (4) List of parties & attys (bjc) (Entered: 07/25/1995)

Filing Fee Paid; FILING FEE $ 120 RECEIPT # 70491 (bjc) (Entered: 07/25/1995)

In compliance with Article One of the Civil Justice Expense and Delay Reduction Plan, and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (bjc) (Entered: 07/25/1995)

Answer to original petition by Carl R Griffith, Jefferson Cnty TX (jmv) (Entered: 07/27/1995)

Answe to original petition by Eric R Payne (jmv) (Entered: 07/27/1995)

MOTION by Elizabeth Dugas to remand (jmv) (Entered: 08/01/1995)

Demand for jury trial by Elizabeth Dugas (jmv) (Entered: 08/01/1995)

Response by Carl R Griffith, Eric R Payne, Jefferson Cnty TX to [5-1] motion to remand (former empl) (Entered: 08/10/1995)

Notice of disclosure by Carl R Griffith, Eric R Payne, Jefferson Cnty TX (jmv) (Entered: 08/21/1995)

ORDER referring [5-1] motion to remand to Magistrate Judge Earl S. Hines for determination (signed by Judge Thad Heartfield ) cc: TH, ESH, attys 8/23/95 (jmv) (Entered: 08/23/1995)

Notice of Hearing: set management conference for 9:45 11/9/95 before Judge Thad Heartfield mailed to attys on 10/18/95 (former empl) (Entered: 10/18/1995)

MOTION by Carl R Griffith, Eric R Payne, Jefferson Cnty TX to dismiss and alternative motion to compel and for sanctions (jmv) (Entered: 10/31/1995)

Notice of disclosure by Elizabeth Dugas (jmv) (Entered: 11/01/1995)

MANAGEMENT CONFERENCE held before Judge Thad Heartfield. Mr. Bissell does not care to pursue his motion for sanctions, but disclosure is not adequate. Judge will expand the time for disclosures. The Court will entertain a motion to amend and a motion to expand discovery. Mr Bissell does not care to pursue his motion to dismiss. Counsel are to let the court know the name of a mediator agreeable to all parties by the first part of Feb. A docket control order will be entered setting case for pretrial hearing and trial scheduling on 4-22-96 (former empl) (Entered: 11/13/1995)

Minutes Re: [0-0] Management conference by Judge Thad Heartfield on 11/9/95 (former empl) (Entered: 11/13/1995)

ORDER denying [10-1] motion to dismiss, denying [10-2] motion to compel, denying [10-3] motion for sanctions ( signed by Judge Thad Heartfield ) cc: TH, attys 11/14/95 (jmv) (Entered: 11/14/1995)

Notice of Removal by defendant Carl R Griffith, Eric R Payne, Jefferson Cnty TX from the Dist Ct of Jefferson Cnty Tx: Case Number: E-152032. Received additional records from State Ct. (1) Motion for special prosecutors (2) Nunc Pro Tunc Order (bjc) (Entered: 04/08/1996)

Docket Control Order setting deadlines in this case. Pretrial conference at 9:00 4/22/96 ( signed by Judge Thad Heartfield ) cc: TH, attys 11/17/95 (jmv) (Entered: 11/17/1995)

MOTION by Elizabeth Dugas for summary judgment (jmv) (Entered: 12/11/1995)

Memorandum regarding pltf's motion to remand ( signed by Magistrate Judge Earl S. Hines ) cc: ESH, TH, attys 12/20/95 (jmv) (Entered: 12/20/1995)

ORDER denying [5-1] motion to remand ( signed by Magistrate Judge Earl S. Hines ) cc: ESH, TH, attys 12/20/95 (jmv) (Entered: 12/20/1995)

MOTION by Jefferson Cnty TX, Carl R Griffith, Eric R Payne for enlargement of time to respond to pltf's motion for summary judgment (jmv) (Entered: 12/27/1995)

ORDER granting [19-1] motion for enlargement of time to respond to pltf's motion for summary judgment. It, therefore, orders them to file their response to pla's motion for summary judgment no later than 1/15/96. ( signed by Judge Thad Heartfield ) cc: attys 1/5/96 (former empl) (Entered: 01/05/1996)

Response by Jefferson Cnty TX to [16-1] motion for summary judgment (fbc) (Entered: 01/18/1996)

Motion by Eric R Payne to amend [4-1] answer (fbc) (Entered: 01/18/1996)

Response by Eric R Payne to [16-1] motion for summary judgment (fbc) Modified on 01/18/1996 (Entered: 01/18/1996)

MOTION by Eric R Payne for summary judgment (fbc) (Entered: 01/18/1996)

ORDER of referral of pretrial matters to Earl S. Hines ( signed by Judge Thad Heartfield ) cc: ESH, attys 1/25/96 (former empl) (Entered: 01/25/1996)

Case referred to Magistrate Judge Earl S. Hines (former empl) (Entered: 01/25/1996)

ORDER granting [25-1] motion to extend time to make disclosure of expert testimony until 1/29/96 (signed by Magistrate Judge Earl S. Hines) cc attys 2-1-96 (tkd) (Entered: 02/01/1996)

ORDER that motion of pltf to extend time to make disclosure of expert testimony be referred to Magistrate Judge Hines for determination (signed by Judge Thad Heartfield) cc: attys 2/2/96 (bjc) (Entered: 02/02/1996)

ORDER granting [23-1] motion to amend [4-1] answer (signed by Magistrate Judge Earl S. Hines) cc: attys 2/5/96 (bjc) (Entered: 02/05/1996)

Amended Answer to pltf's original petition by Eric R Payne :amends [4-1] answer (bjc) (Entered: 02/05/1996)

ORDER that pla shall file a response to dft Payne's motion for summary judgment on 3/25/96 at 12:00 noon, if such motion is opposed. Response to motion reset to 3/25/96 for [24-1] motion for summary judgment (signed by Magistrate Judge Earl S. Hines) cc: attys 3/20/96 (bjc) (Entered: 03/20/1996)

ORDER that parties shall conduct any subsequent mediation session contemplated in this matter on or before 3/27/96. If an additional mediation session is conducted, the mediator shall notify chambers of the outcome by the close of business on 3/27/96; setting mediation conference for 3/27/96 (signed by Magistrate Judge Earl S. Hines) cc: attys 3/21/96 (bjc) (Entered: 03/21/1996)

Notice of additional disclosure by Elizabeth Dugas (bjc) (Entered: 03/25/1996)

Response by Elizabeth Dugas to [24-1] motion for summary judgment (bjc) (Entered: 03/26/1996)

Motion by Elizabeth Dugas to amend plaintiff's complaint (bjc) (Entered: 03/28/1996)

Notice of Hearing: set pretrial conference for 9:00 4/22/96 with possible jury selection on 4/23/96, before Judge Thad Heartfield mailed to attys on 3/28/96 (former empl) (Entered: 03/28/1996)

Response by Eric R Payne to pla's response to [24-1] motion for summary judgment (bjc) (Entered: 03/29/1996)

MOTION by Elizabeth Dugas in limine (bjc) (Entered: 04/04/1996)

Notice of second additional disclosure by Elizabeth Dugas (bjc) (Entered: 04/04/1996)

Response by Carl R Griffith, Eric R Payne, Jefferson Cnty TX to [35-1] motion for leave to amend plaintiff's complaint (bjc) (Entered: 04/05/1996)

Objections by Carl R Griffith, Eric R Payne, Jefferson Cnty TX to evidence listed in plaintiff's disclosures (bjc) (Entered: 04/09/1996)

MOTION by Carl R Griffith, Eric R Payne, Jefferson Cnty TX in limine (bjc) (Entered: 04/10/1996)

Proposed Jury instructions by Elizabeth Dugas (bjc) (Entered: 04/15/1996)

ORDER resetting trial scheduling for 6/24/96 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 4/17/96 (bjc) (Entered: 04/17/1996)

Response by Elizabeth Dugas to dfts' response to [35-1] motion to amend plaintiff's complaint (bjc) (Entered: 04/23/1996)

Response by Elizabeth Dugas to [42-1] objections to evidence listed in pla's disclosures (bjc) (Entered: 04/23/1996)

Response by Elizabeth Dugas to dft's [40-1] motion to strike pla's designation of expert witnesses (bjc) (Entered: 04/23/1996)

ORDER granting in part, denying in part [40-1] motion to strike [25-1] motion to extend time to make disclosure of expert witnesses. The motion to strike is denied w/ respect to the designation of Dr Scharff and granted w/ respect to the designation of Dr Coxe. Pla shall not be allowed to utilize expert testimony of or expert reports prepared by Dr Coxe at trial (signed by Magistrate Judge Earl S. Hines) cc: attys 5/1/96 (bjc) Modified on 06/25/1996 (Entered: 05/01/1996)

Notice of first supplemental initial disclosure by Elizabeth Dugas (bjc) (Entered: 05/06/1996)

Notice of third additional disclosure by Elizabeth Dugas (bjc) (Entered: 05/06/1996)

ORDER denying [35-1] motion for leave to amend plaintiff's complaint. Denial is w/o prejudice to submission by pla of a first amended cmp which varies from the orig pet in the sole respect that it removes all references to pla's pregnancy and miscarriage (signed by Magistrate Judge Earl S. Hines) cc: 5/16/96 (bjc) (Entered: 05/16/1996)

MOTION by Elizabeth Dugas for leave to make out of time expert testimony disclosure and to reconsider [48-1] order (bjc) (Entered: 05/22/1996)

Report and Recommendations of Magistrate Judge Earl S. Hines recommending [16-1] motion for summary judgment should be granted as to Jefferson Cnty, Eric Payne, and Carl Griffith in his official capacity. Objections to R and R due by 6/12/96 (bjc) (Entered: 05/29/1996)

Report and Recommendations of Magistrate Judge Earl S. Hines recommending [24-1] motion for summary judgment should be denied. Objections to R and R due by 6/12/96 (bjc) (Entered: 05/29/1996)

MOTION by Carl R Griffith, Eric R Payne, Jefferson Cnty TX in opposition to pla's motion for leave to make out of time expert testimony disclosure and to reconsider [48-1] order granting in part and denying in part dfts' motion to strike pla's designation of expert witnesses (bjc) Modified on 06/25/1996 (Entered: 06/06/1996)

Pre-trial hearing & trial scheduling set at 9:00 6/24/96 before Judge Thad Heartfield. cc: TH,attys 6/6/96 (jmv) (Entered: 06/07/1996)

Jury selection may commence at 9:00 6/25/96 before Judge Thad Heartfield (jmv) (Entered: 06/07/1996)

Objections by Eric R Payne to [54-1] report and recommendations (bjc) (Entered: 06/13/1996)

Memorandum re: pla's "motion for leave to make out of time expert testimony disclosure and to reconsider order granting in part and denying in part dfts' motion to strike pla's designation of expert witnesses" (signed by Magistrate Judge Earl S. Hines) cc: attys 6/18/96 (bjc) (Entered: 06/18/1996)

ORDER granting pla's [52-1] motion for leave to make out of time expert testimony disclosure and [52-2] motion to reconsider [48-1] order granting in part and denying in part dfts' motion to strike pla's designation of expert witnesses (signed by Magistrate Judge Earl S. Hines) cc: attys 6/18/96 (bjc) (Entered: 06/18/1996)

Magistrate Report forwarded to Judge Thad Heartfield (bjc) (Entered: 06/19/1996)

Proposed Jury instructions by Jefferson Cnty, TX and Deputy Eric R Payne (bjc) (Entered: 06/20/1996)

MOTION by Eric R Payne, Jefferson Cnty TX to reconsider magistrate's [59-1] order concerning out of time expert designation (bjc) (Entered: 06/24/1996)

Memorandum ORDER overruling dft's objections and adopting the report of the United States Magistrate Judge denying [24-1] motion for summary judgment (signed by Judge Thad Heartfield) cc: attys 6/24/96 (bjc) (Entered: 06/24/1996)

Motion in opposition to and in response by Elizabeth Dugas to dfts' [56-1] motion to reconsider [48-1] order concerning out of time expert designation (bjc) (Entered: 06/25/1996)

ORDER denying [60-1] motion to reconsider magistrate's [59-1] order concerning out of time expert designation (signed by Judge Thad Heartfield) cc: attys 6/25/96 (bjc) Modified on 06/25/1996 (Entered: 06/25/1996)

Motion by Eric R Payne, Jefferson Cnty TX to make out of time expert designation (bjc) (Entered: 06/26/1996)

Response by Elizabeth Dugas to dfts' [64-1] motion to make out of time expert designation (bjc) (Entered: 06/26/1996)

ORDER granting [64-1] motion to make out of time expert designation (signed by Judge Thad Heartfield) cc: attys 6/28/96 (bjc) (Entered: 06/28/1996)

ORDER resetting final pretrial conference for 7/22/96 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 7/1/96 (bjc) (Entered: 07/01/1996)

MEMORANDUM ORDER adopting the Magistrate Judge's report and recommendation. ORDERED that pla's [16-1] motion for summary judgment on the question of liability is granted as to Jefferson Cnty, Eric Payne, and Carl Griffith in his official capacity (signed by Judge Thad Heartfield) cc: attys 7/2/96 (bjc) (Entered: 07/02/1996)

Mail returned: [68-1] memorandum order addressed to atty Patricia A Stone. Envelope states "forwarding order expired" (bjc) (Entered: 07/09/1996)

Objections by Jefferson Cnty TX, Eric R Payne to pla's [0-1] amended proposed instructions (sealed) (Entered: 07/12/1996)

ORDER that the parties file a joint final pretrial order tailored to those issues remaining for trial; set joint final pretrial order due for 8/9/96 and reset jury trial for 9:00 8/19/96 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 7/23/96 (bjc) (Entered: 07/23/1996)

Final Pretrial Conference held before Judge Thad Heartfield in chambers. Jury Selection & trial set for 8/19/96 9:00 a.m. (jmv) (Entered: 08/02/1996)

Minutes Re: [0-0] Final Pretrial Conference held before Judge Thad Heartfield on 7/22/96 (jmv) (Entered: 08/02/1996)

Supplemental [37-1] motion in limine by Elizabeth Dugas (pkb) (Entered: 08/07/1996)

MOTION by Elizabeth Dugas to strike dft's expert report and testimony (pkb) (Entered: 08/07/1996)

Response by Elizabeth Dugas to [69-1] objections to proposed instructions (pkb) (Entered: 08/07/1996)

Response by Eric R Payne, Jefferson Cnty TX to pla's [73-1] motion to strike dft's expert report (bjc) (Entered: 08/12/1996)

MOTION by Eric R Payne, Jefferson Cnty TX to make out of time expert report filing (bjc) (Entered: 08/12/1996)

Received proposed joint final pre-trial order from Elizabeth Dugas, Carl R Griffith, Eric R Payne, Jefferson Cnty TX (bjc) (Entered: 08/13/1996)

ORDER, referring [73-1] motion to strike dft's expert report and testimony and dft's [42-3] objection to the report and testimony of Dr Ray Coxe to Magistrate Judge Earl S. Hines . Motion hearing set for 2:00 8/15/96 for [73-1] motion to strike dft's expert report and testimony and dft's [42-3] objection to the report and testimony (signed by Thad Heartfield) cc: attys 8/13/96 (bjc) (Entered: 08/13/1996)

ORDER that the parties file a supplemental certification to the joint final pretrial order prior to the commencemnt of this case's trial (signed by Judge Thad Heartfield) cc: attys 8/15/96 (bjc) (Entered: 08/15/1996)

ORDER that the parties file a supplement to the joint final pretrial order and a proposed jury instruction. The ct ORDERS the parties to make these filings by 8/15/96 (signed by Judge Thad Heartfield) cc: attys 8/15/96 (bjc) Modified on 08/15/1996 (Entered: 08/15/1996)

Notice of remailing of document #76 to atty Patricia Stone (bjc) (Entered: 08/15/1996)

Mail returned: [76-1] order addressed to atty Patricia Stone. (bjc) (Entered: 08/15/1996)

Proposed jury instructions by Elizabeth Dugas (bjc) (Entered: 08/16/1996)

Jury selection held before Judge Heartfield. Trial began. (jmv) (Entered: 08/20/1996)

1st DAY Jury trial held before Judge Heartfield. Opening Statements heard. Rule invoked. Plaintiff presented testimony and evidence. Plaintiff rested. Trial continued until 9:00 a.m. tomorrow. (jmv) (Entered: 08/20/1996)

Minutes Re: [0-0] Jury trial, [0-0] selection jury by Judge Thad Heartfield on 8/19/96 (jmv) (Entered: 08/20/1996)

Joint final pretrial order filed (signed by Judge Thad Heartfield) cc: attys 8/20/96 (bjc) (Entered: 08/20/1996)

Supplemental joint final pretrial order filed (signed by Judge Thad Heartfield) cc: attys 8/20/96 (bjc) (Entered: 08/20/1996)

2nd DAY Jury trial held before Judge Heartfield. Defendant presents testimony and evidence. Defendant rest. Charge Conference held. Trial continued until 9:00 a.m. tomorrow. (jmv) (Entered: 08/21/1996)

Minutes Re: [0-0] 2nd Day Jury trial by Judge Thad Heartfield on 8/20/96 (jmv) (Entered: 08/21/1996)

Agreed ORDER denying [73-1] motion to strike dft's expert report and testimony. It is further ORDERED that dfts be permitted to present testimony through their expert, Dr Edward B Gripon, and pla be permitted to present testimony through her designated expert, Dr Ray Coxe (signed by Magistrate Judge Earl S. Hines) cc: attys 8/21/96 (bjc) (Entered: 08/21/1996)

Supplemental disclosure of amount of future medical expenses by Elizabeth Dugas (bjc) (Entered: 08/21/1996)