Case: Mumphrey v. Shelby County, KY

Mumphrey v. Shelby County, Kentucky

Bagshaw v. Shelby County, KY

Mumphrey v. Shelby County

CLASS ACTION COMPLAINT ( Filing fee $350; receipt number 828852), filed by Gary Mumphrey. (Attachments: # 1 Civil Cover Sheet# 2 Summons−Shelby Co, KY# 3 Summons−Waits# 4 Case Assignment Sheet)(AKR) (Entered: 10/13/2006)

Summons Issued as to Shelby County, Kentucky, Bobby Waits, Individually, Bobby Waits, Official Dft; issued summons returned to counsel via U.S. Mail, per counsel request. (AKR) (Entered: 10/13/2006)

Conflict Check run. (CBD) (Entered: 10/16/2006)

INCORRECTLY FILED AS CERTIFICATE OF SERVICE by Gary Mumphrey on Shelby County (Belzley, Gregory) Modified text to add "Incorrectly Filed As" on 10/20/2006 (Ratliff, Kay). (For correct entry see DE 5 ) (Entered: 10/19/2006)

INCORRECTLY FILED AS CERTIFICATE OF SERVICE by Gary Mumphrey on Bobby Waits (Belzley, Gregory) Modified text to add "Incorrectly Filed As" on 10/20/2006 (Ratliff, Kay). (For correct entry see DE 6 ) (Entered: 10/19/2006)

SUMMONS Returned Executed by Gary Mumphrey via Certified Mail, return receipt requested to Rob Rothenberger, Co Judge Executive, Shelby County, Kentucky served on 10/17/2006, answer due 11/6/2006. (AKR) (Entered: 10/20/2006)

SUMMONS Returned Executed by Gary Mumphrey via Certified Mail, Return Receipt Requested to Bobby Waits served on 10/17/2006, answer due 11/6/2006; Bobby Waits, Official Capacity, served on 10/17/2006, answer due 11/6/2006. (AKR) (Entered: 10/20/2006)

Clerk's Note: re 4 Certificate of Service, 3 Certificate of Service; atty Gregory Belzley's secretary called &said atty used the event Certificate of Service instead of Summons returned executed as to these 2 entries; I told the secretary the clerk would correct the entries &send the atty a notice &nothing further was required by atty. (KJR) (Entered: 10/19/2006)

NOTICE OF DOCKET MODIFICATION TO G. Belzley, Sr. re 4 Certificate of Service, 3 Certificate of Service ; Error: Attorney incorrectly filed the summons returned executed 3 &4 as "Certificate of Service"; Entry made by attorney; Correction: Clerk has modified the docket text of 3 &4 to state these were incorrectly filed; Clerk has filed the Summons returned executed as 5 &6 respectively; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing ; No further action required by counsel. cc: COR (AKR) (Entered: 10/20/2006)

ANSWER to Complaint with JURY DEMAND by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 11/03/2006)

ORDER FOR MEETING AND REPORT: 1) w/in 21 days parties hold Rule 26 Meeting 2) w/in 10 days thereafter parties file Joint Status Report. Signed by Judge Karen K. Caldwell. (Order for Meeting and Report due by 12/9/2006)(CBD)cc: COR (Entered: 11/09/2006)

JOINT REPORT of Rule 26(f) Planning Meeting. (Belzley, Gregory) (Entered: 12/08/2006)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 9 Report of Rule 26(f) Planning Meeting (CBD) (Entered: 12/11/2006)

SCHEDULING ORDER:1) following ddls shall be observed: (a) parties exchange Rule 26(a)(1) info by 1/30/2007 (b) pltf has to 6/1/2007 to Join Additional Parties or amend pldgs (c)Suppl. of disclosures sue 8/15/2007 (d) Rule 26(e) disclosures due from pltf 7/6/2007 and from dfts 9/7/2007 (e) Discovery due by 11/1/2007. (f) Dispositive Motions due by 12/3/2007. 2) no motions to compel or other motions re discovery disputes shall be filed unless all have conferred as directed by FRCP 37(a)(2)(A) 3) Jury Trial set for 5/19/2008 09:00 AM in Frankfort before Karen K. Caldwell. 4) parties shall observe directives re filing of discovery materials 5) no extensions of ddls in this order shall be granted unless appropriate motion filed 6) IT IS FURTHER ORDERED matter referred to Magistrate Judge Edward B. Atkins for (i) telephonic conference re progress of discovery and feasibility of all ddls (ii) settlement conference (iii) preliminary pretrial conference. A sep. order scheduling dates will issue from the Magistrate Judge. (CBD)cc: COR (Entered: 12/15/2006)

ORDER: No later than 10 days prior to Pretrial Conference, counsel file pretrial filings. (Parties comply w/ Items 1A−G and 2A−E) Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 12/15/2006)

ORDER: 1) Telephone Conference set for 5/21/2007 02:00 PM EST. Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 12/18/2006)

INITIAL DISCLOSURES Plaintiff's Rule 26(e)(1) Disclosures by Gary Mumphrey.(Belzley, Gregory) (Entered: 01/12/2007)

INITIAL DISCLOSURES Rule 26 by Shelby County, Kentucky, Bobby Waits, Bobby Waits.(Karem, Scott) (Entered: 01/30/2007)

MOTION to Compel by Gary Mumphrey for Production of HIPAA−Protected Documents (Attachments: # 1 Proposed Order)(Belzley, Gregory) (Entered: 03/05/2007)

RESPONSE in Opposition re 15 MOTION to Compel by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)

Proposed Agreed Order/Stipulation Agreed Order by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)

Proposed Agreed Order/Stipulation granting an extension of time to file a response to a motion to compel by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3. (Karem, Scott) (Entered: 03/23/2007)

REPLY to Response to Motion re 15 MOTION to Compel by Gary Mumphrey for Production of HIPAA−Protected Inmate Docs filed by Gary Mumphrey. (Belzley, Gregory) Additional attachment: Suppl. Exhibit A added on 5/22/2007 per Order 23 (Dearborn, Christy). Modified text re attachment on 5/22/2007 (Dearborn, Christy). (Entered: 03/26/2007)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 17 Proposed Agreed Protective Order, AND 18 Proposed Agreed Order extending time to respond. (AKR) (Entered: 03/26/2007)

AGREED PROTECTIVE ORDER: 1) dfts are to produce to pltf's counsel a copy of the floor plan of the Shelby county Detention Center, doc.s setting out out present or last known address of all persons employed by the detention center during incarceration of pltf, Gary Mumphrey and photos of and doc.s identifying present or last known address of all persons incarcerated in the detention center at time of incarceration of Gary Mumphrey. These items are to be produced w/ in twenty days of this order 2) doc.s produced pursuant to this order shall be marked "CONFIDENTIAL" (see order for items 3−7). Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 03/28/2007)

AGREED ORDER: dfts shall have through 3/23/2007 to file their response to pltf's motion 15 for production of HIPAA protected inmate documents. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 03/28/2007)

MOTION for Leave by Gary Mumphrey To File Supp. to Reply in Support of Mot. to Compel Production (Attachments: # 1 Exhibit Judge Russell's Order and Protective Order# 2 Proposed Order)(Belzley, Gregory) (Entered: 04/25/2007)

***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 22 MOTION for Leave to File Supplement to Reply in support of Motion to Compel by Gary Mumphrey (CBD) (Entered: 05/21/2007)

ORDER: motion 22 to file supplemental documents in support of her motion to compel is GRANTED . Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 05/22/2007)

MINUTE ENTRY FOR TELEPHONE CONFERENCE held on 5/29/2007 before Judge Edward B Atkins : 1) Telephone Conference set for 6/29/2007 02:00 PM. Undersigned's ofc shall initiate call. 2) All currently scheduled ddls remain in full force, pending further orders of this Court. (COURT REPORTER: None) (CBD)cc: COR (Entered: 05/29/2007)

ORDER: Motion for Production (Record No. 15 ) is GRANTED. That on or before July 2, 2007, counsel for parties submit an agreed order to the undersigned for consideration concerning how best to contact the potential class members while simultaneously protecting the privacy of individuals whose info will be disclosed . Signed by Judge Edward B Atkins. (AKR)cc: COR (Entered: 06/22/2007)

ORDER: telephone conf previously scheduled for 6/30/2007 24 is RESCHEDULED for 7/12/2007 @ 10:00 am. Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 06/28/2007)

Set/Reset Hearings: Telephone Conference set for 7/12/2007 10:00 AM in Ashland before Edward B Atkins. (CBD) (Entered: 06/28/2007)

Proposed Agreed Order/Stipulation re production of MRSA documents by Gary Mumphrey. (Belzley, Gregory) (Entered: 07/02/2007)

AGREED PROTECTIVE ORDER: Dfts are produce certain documents to pltf's counsel w/in 14 days of date of this order. The doc.s shall be marked "CONFIDENTIAL." (Parties shall comply w/ items 1−8) . Signed by Judge Edward B Atkins. (CBD)cc: COR (Entered: 07/03/2007)

AGREED PROTECTIVE ORDER: Dfts are produce certain documents to pltf's counsel w/in 14 days of date of this order. The doc.s shall be marked "CONFIDENTIAL." (Parties shall comply w/ items 1−8). . Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 07/03/2007)

***FILE SUBMITTED TO CHAMBERS of Caldwell for review: 27 Proposed Agreed Order/Stipulation (CBD) (Entered: 07/03/2007)

ORDER: mater came for Telephone Status Conf (held on 7/12/2007) to discuss progrees of discovery and feasibility of current ddls. As discovery is ongoing, and in light of Court's Order 29 of 7/3/2007, IT IS ORDERED on or before 7/31/2007 parties meet and report to Court re proposed amendments to current discovery plan. Signed by Judge Edward B Atkins. (COURT REPORTER: None) (CBD)cc: COR (Entered: 07/12/2007)

MOTION to Stay by Gary Mumphrey pretrial deadlines for 90 days (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified text to include text in italics to better describe pleading on 8/2/2007 (Ratliff, Kay). (Entered: 08/01/2007)

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: No response to 30 Order (CBD) (Entered: 08/01/2007)

***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Atkins for review: 31 MOTION to Stay Pretrial Deadlines by Gary Mumphrey. (AKR) (Entered: 08/20/2007)

ORDER: that all pre−trial deadlines are abated in this case. The parties are directed to file, on Nov. 1, 2007, a status report w/Court &a discovery plan to govern the litigation of this matter. The parties are encouraged during this abatement to continue discovery in an effort toward moving this case toward resolution. (Motions terminated: 31 MOTION to Stay). Signed by Judge Edward B Atkins. (AKR)cc: COR (Entered: 08/22/2007)

JOINT STATUS REPORT by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 11/01/2007)

ORDER: (1) Plff's Motion re 33 is GRANTED. (2) A telephone conf call among the undersigned &counsel is scheduled for MONDAY, 12/3/2007 at 10:30 AM, Eastern Time; (3) The undersigned's office shall initiate said teleph conf call, in which lead counsel for each party shall participate &be prepared to report on status of discovery &to discuss any other releveant matters arising in this case. Signed by Judge Edward B Atkins. (AKR)cc: COR, diary (Entered: 11/02/2007)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review &scheduling: 33 Joint Status Report. (AKR) (Entered: 11/02/2007)

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/3/2007, before Edward B Atkins: (1) Rule 26(a)(2) reports from expert trial witnesses due: (i) plffs by 6/30/08; and (ii) dfts by 8/15/08. (2) Supplementation of discl &responses as required by rule 26(e) by 9/1/08. (3)All discovery, including expert disc, due by 9/30/2008. (4) Trial of matter sched for 5/19/08 is CANCELLED. (5) Matter come on for telephone conf call on Tuesday, 9/30/08 at 10:00 am. The undersigned's ofc shall initiate the call, which shall be attended by lead counsel for each party, to discuss dates for trial. (AKR)cc: COR, diary (Entered: 12/03/2007)

MOTION to Compel Production of Documents by Gary Mumphrey (Attachments: # 1 Exhibit 10/3/07 e−mail, # 2 Exhibit 11/14/07 e−mail, # 3 Proposed Order)(Belzley, Gregory) Modified text w/ language in italics for better description on 12/6/2007 (CBD). (Entered: 12/05/2007)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Compel by Gary Mumphrey by Shelby County, Kentucky, Bobby Waits, Bobby Waits (Attachments: # 1 Proposed Order)(Karem, Scott) Modified text to include "Unopposed" to better describe motion on 12/21/2007 (AKR). (Entered: 12/20/2007)

ORDER: 1. Dft shall up through &including 12/28/07 to file their response to Plf's motion to compel. (Motion terminated: 37 Motion for Extension of Time). Signed by Edward B Atkins on 12/21/2007. (AKR)cc: COR (Entered: 12/21/2007)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 37 UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Compel by Gary Mumphrey by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (AKR) (Entered: 12/21/2007)

RESPONSE in Opposition re 36 MOTION to Compel by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 12/28/2007)

***MOTION SUBMITTED TO CHAMBERS of Caldwell for review: 36 MOTION to Compel Production of Documents by Gary Mumphrey (CBD) (Entered: 01/04/2008)

NOTICE OF DOCKET MODIFICATION TO G. Belzley re 40 Reply to Response to Motion; ERROR: Page 9 of Exhibit 1 was sideways AND pages 1 through 17 of Exhibit 2 were sideways; Entry by attorney; CORRECTION: Clerk has rotated the pages and entered the documents as separate attachments; At the browse screen within ECF, the Attorney should always open and view each PDF document before proceeding with the filing ; No further action required by counsel. cc: COR (AKR) (Entered: 01/04/2008)

ORDER: all non−dispositive matters including, but not limited to, discovery issues are hereby referred to United States Magistrate Judge Edward B. Atkins. ( 36 MOTION to Compel by Gary Mumphrey referred to Edward B Atkins). Signed by Judge Karen K. Caldwell on 1/15/2007.(CBD)cc: COR (Entered: 01/15/2008)

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: 36 MOTION to Compel by Gary Mumphrey (CBD) (Entered: 01/15/2008)

ORDER: Plaintiffs Motion to Compel Production of Documents [R. 36] is DENIED. Signed by Edward B Atkins on 1/16/2008. (CBD)cc: COR (Entered: 01/16/2008)

NOTICE of Appearance by Stacey A. Blankenship on behalf of Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3 (Blankenship, Stacey) (Entered: 05/22/2008)

MOTION for Extension of Time of pretrial deadlines by Gary Mumphrey Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified by adding text in italics to better describe pleading on 6/27/2008 (AKR). (Entered: 06/27/2008)

NOTICE of Appearance by Douglas R. Moore on behalf of Shelby County, Kentucky, Bobby Waits, Bobby Waits (Moore, Douglas) (Entered: 06/27/2008)

ORDER: 1. Ddl for Rule 26(a)(2) reports from retained experts is extended, and such reports shall now be due from Plaintiff no later than 9/1/2008, and from Defendants no later than 10/15/2008; and 2. Discovery shall be completed no later than 12/1/2008. Signed by Edward B Atkins on 7/18/2008. (CBD)cc: COR (Entered: 07/18/2008)

DISCLOSURES of Expert Witnesses by Gary Mumphrey. (Attachments: # 1 Exhibit Miller Report, # 2 Exhibit Clark Report)(Belzley, Gregory) (Entered: 09/02/2008)

ORDER for TELEPHONE CONFERENCE held on 9/30/2008 before Edward B Atkins: plaintiff shall have to and including 12/29/2008, within which to file any motion to certify a class. The defendant shall then have thirty days to respond. (CBD)cc: COR Modified text w. keyword language on 9/30/2008 (CBD). (Entered: 09/30/2008)

NOTICE of Change of Address by Scott Edmund Karem (Karem, Scott) (Entered: 10/14/2008)

Proposed Agreed Order/Stipulation by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Karem, Scott) (Entered: 10/14/2008)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 50 Proposed Agreed Order. (AKR) (Entered: 10/14/2008)

DISCLOSURES of Expert Witnesses by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit Expert Witness Report, # 2 Exhibit Expert Witness Report, # 3 Exhibit Expert CV, # 4 Exhibit Expert CV, # 5 Exhibit Raff CV part 1, # 6 Exhibit Raff CV part 2, # 7 Exhibit Raff CV part 3)(Karem, Scott) (Entered: 10/29/2008)

MOTION to Amend Prior Discovery Order 42 Order on Motion to Compel by Gary Mumphrey and for Extension of Deadline for Motion for Class Certification − Motions referred to Edward B Atkins. (Attachments: # 1 Proposed Order)(Belzley, Gregory) Modified by adding text in italics and text cleanup on 12/12/2008 (AKR). (Entered: 12/11/2008)

ORDER: (1) The Plaintiffs Motion to Amend &Motion for Extension 53 is DENIED. (2) The Courts order of September 30, 2008 remains in full force and effect, and any motion to certify a class shall be filed on or before DECEMBER 29, 2008. Signed by Edward B Atkins on 12/12/2008. (CBD)cc: COR (Entered: 12/12/2008)

MOTION for Leave by Gary Mumphrey to File First Amended Complaint Motions referred to Edward B Atkins. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) (Entered: 12/29/2008)

RESPONSE in Opposition re 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Exhibit A − Copy of cited case, # 2 Exhibit B − Copy of cited case)(Karem, Scott) (Entered: 01/16/2009)

REPLY to Response to Motion re 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint filed by Gary Mumphrey. (Attachments: # 1 Exhibit Bourdais opinion, # 2 Exhibit Monahan opinion)(Belzley, Gregory) (Entered: 01/24/2009)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 55 MOTION for Leave by Gary Mumphrey to File First Amended Complaint (CBD) (Entered: 01/26/2009)

ORDER: Plaintiffs Motion for Leave to File First Amended Complaint 55 is DENIED WITHOUT PREJUDICE. Signed by Edward B Atkins on 3/11/2009. (CBD)cc: COR (Entered: 03/11/2009)

MOTION for Reconsideration re 58 Order on Motion for Leave by Gary MumphreyMotions referred to Edward B Atkins. (Attachments: # 1 Exhibit 1, Judge Russell's Jan. 14, 2009 Opinion &Order, # 2 Exhibit 2, Judge Russell's Mar. 6, 2009 Opinion &Order, # 3 Proposed Order)(Belzley, Gregory) (Entered: 03/13/2009)

NOTICE by Clerk to attorney Scott Edmund Karem via U.S. Mail re: failure to keep email account information updated (STB) (Additional attachment(s) added on 3/19/2009: # 1 MAIN DOCUMENT) (STB). (Entered: 03/19/2009)

NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCORRECT document attached to docket entry by docket clerk; re 60 Notice by Clerk ; Correct document attached to this entry. cc: COR (STB) (Entered: 03/19/2009)

Proposed Agreed Order/Stipulation to file Response by Shelby County, Kentucky, Bobby Waits, Gary Mumphrey. (Karem, Scott) Modified text and added filer on 3/31/2009 (CBD). (Entered: 03/31/2009)

RESPONSE in Opposition re 59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey filed by Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Attachments: # 1 Proposed Order)(Karem, Scott) (Entered: 03/31/2009)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 62 Proposed Agreed Order/Stipulation (CBD) (Entered: 03/31/2009)

NOTICE OF DOCKET MODIFICATION TO Scott Karem re 62 Proposed Agreed Order/Stipulation; Error: attorney failed to choose all filers; Clerk has added the plaintiff as a filer to the document. In the future, attorney should hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (CBD) (Entered: 03/31/2009)

ORDER: Defendants shall have up through and including Tuesday, March 31, 2009in which to file their response to Plaintiffs motion 58 for reconsideration and/or clarification. Signed by Judge Karen K. Caldwell on 4/1/2009.(CBD)cc: COR (Entered: 04/01/2009)

***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re 59 MOTION for Reconsideration re 58 Order on Motion for Leave by Gary Mumphrey (CBD) (Entered: 04/21/2009)

ORDER: (1) The Plaintiffs Motion for Reconsideration 59 is GRANTED.(2) The Plaintiffs Motion for Leave to File First Amended Complaint 55 isGRANTED. (3) This matter is set for a telephonic status conference on 5/4/2009 @ 1:00 P.M. The undersigneds chambers will initiate said call, during which counsel shall be prepared to discuss the status of discovery, and current deadlines in the case. Signed by Edward B Atkins on 4/22/2009.(CBD)cc: COR (Entered: 04/22/2009)

FIRST AMENDED COMPLAINT against Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3, filed by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Mumphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Gary Mumphrey. (Filed per Order 65 ) (CBD) (Entered: 05/26/2009)

Proposed Agreed Order/Stipulation Setting Discovery Deadlines by Gary Mumphrey, Shelby County, Kentucky, Bobby Waits, Bobby Waits. (Belzley, Gregory) (Entered: 05/04/2009)

***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: 66 Proposed Agreed Order/Stipulation (CBD) (Entered: 05/04/2009)

ORDER for TELEPHONE CONFERENCE held on 5/7/2009, before Edward B Atkins: (1) Discovery shall be completed on or before MARCH 1, 2010; (2) Deadline for amendment of the pleadings is AUGUST 31, 2009; (3) Expert reports shall be due: (a) From the Plaintiffs, on or before NOVEMBER 1, 2009; (b) From the Defendants, on or before DECEMBER 31, 2009;(4) On or before OCTOBER 31, 2009, the parties shall attend either mediation or a Court−sponsored settlement conference. If the parties desire a settlement conference, they shall inform the Court as soon as possible, in order to ensure scheduling before the deadline; (5) This matter shall come before the undersigned for a telephonic status conference on NOVEMBER 17, 2009 AT THE HOUR OF 2:00 P.M. Eastern. The undersigneds office will initiate said call, during which counsel for the parties shall be prepared to discuss the status of the case.(Court Reporter None.) Signed by Judge Atkins. (CBD)cc: COR, diary (Entered: 05/07/2009)

MOTION for Leave to File Second Amended Complaint by Gary Mumphrey, Chistopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Gary Memphrey, Elvin Noble, Alfred Perry, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose Motions referred to Edward B Atkins. (Attachments: # 1 Exhibit Second Amended Complaint, # 2 Proposed Order)(Belzley, Gregory) Redefines motion relief, added filers on 5/28/2009 (CBD). (Entered: 05/27/2009)

NOTICE OF DOCKET MODIFICATION TO Greg Belzley re 69 MOTION for leave to file Second Amended Complaint; Error: the incorrect motion relief to Intervene was selected. Entry by Attorney; Clerk re−defined the pleading as a Motion for leave to file Second Amended Complaint. No further action required by counsel. cc: COR (CBD) (Entered: 05/28/2009)

ORDER: that Plaintiff's motion 69 for leave of Court to file their Second Amended Complaint is GRANTED. Signed by Edward B Atkins on 5/29/2009. (CBD)cc: COR (Entered: 05/29/2009)

SECOND AMENDED COMPLAINT against Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3, filed by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose. (Filed per Order 70 )(CBD) (Entered: 06/01/2009)

ANSWER to 68 Amended Complaint, by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 06/16/2009)

ANSWER to 71 Amended Complaint, by Shelby County, Kentucky, Bobby Waits, Bobby Waits, John and Jane Does, Nos. 1, 2 and 3.(Karem, Scott) (Entered: 06/19/2009)

Proposed Agreed Order/Stipulation by Christopher Bagshaw, Barry Chesser, Tony Huff, William Farris, Troy Ingram, Kenneth Kipp, Mark Lefler, Norris Martin, Richard Metzger, Stafford Mitchell, Elvin Noble, Alfred Perry, Gary Mumphrey, Debra Probus, Beata Ray, Dennis Rogers, David Settles, Anthony Manning, Jeffery Perry, Paulinia Reece, James Rose. (Belzley, Gregory) (Entered: 09/14/2009)

AGREED ORDER: 1. The Court's order dated March 5, 2009 requiring the parties to file amendments to pleadings on or before August 31, 2009 remains in effect as an order of the Court with the exception that Plaintiff may file amended complaints adding specific additional plaintiffs up through and including October 9, 2009. 2. Plaintiff's ability to amend and add additional plaintiffs is limited to adding the following named individuals: Aver/ Florence, Chastity Franco, Jessie Richardson, Samantha Roberts, Kristy Shuck, Jeffrey Sowards, David Stone, Jason Stone, William Stone, Earl Murray, Charles Wright, Charon Craft and Robert Miller. 3. Pursuant to the Court's order dated March 5, 2009 the parties are prohibited from amending pleadings except as otherwise set forth specifically in this order. Signed by Judge Karen K. Caldwell on 9/15/2009.(AKR)cc: COR (Entered: 09/15/2009)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 74 Proposed Agreed Order/Stipulation. (AKR) (Entered: 09/15/2009)

NOTICE of Change of Address by Gregory Allen Belzley (Belzley, Gregory) (Entered: 11/18/2009)

NOTICE of Change of Address by Gregory Allen Belzley (Belzley, Gregory) (Entered: 11/19/2009)

ORDER for TELEPHONE CONFERENCE held on 11/17/2009 before Edward B Atkins: (1) All current deadlines remain in place; (2) The parties shall file any dispositive motions on or before MAY 1, 2010 with response and reply time per Local Rule 7.1; (3) PRELIMINARY PRETRIAL CONFERENCE set for 8/11/2010 11:30 AM in FRANKFORT before Edward B Atkins. Signed by Edward B. Atkins. (Court Reporter None.) (CBD)cc: COR (Entered: 11/20/2009)

Terminate Hearings: Jury Trial of 5/19/2008 cancelled per Order 12/3/2007 35 (CBD) (Entered: 11/20/2009)