Case: Jordan and United States of America v. Matagorda County, Texas

United States of America v. Matagorda County, Texas and James D. Mitchell

COMPLAINT by USA filed; (mbergara) (Entered: 01/09/2001)

ORDER set scheduling conference for 9:00 6/6/01 before Judge Samuel B. Kent, entered; Parties notified. (mbergara) (Entered: 01/09/2001)

ORDER re:computer codes printed on proposed orders, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/09/2001)

MOTION & ORDER FOR ADMISSION PRO HAC VICE as to atty Allen W. Levy to appear for USA, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/11/2001)

DISCLOSURE OF INTERESTED PARTIES by USA, filed. (mbergara) (Entered: 02/07/2001)

DISCLOSURE OF INTERESTED PARTIES by Matagorda County, James D Mitchell, filed. (mbergara) (Entered: 02/28/2001)

MEMORANDUM to intervene by Christopher Jordan by Christopher Jordan, Motion Docket Date 3/22/01 [7-1] motion, filed. (mgore) (Entered: 03/05/2001)

Intervenor's COMPLAINT by Christopher Jordan against Matagorda County, James D Mitchell, filed (mgore) (Entered: 03/05/2001)

ANSWER to Complaint by Matagorda County (Added attorney ), filed.; jury demand (mbergara) (Entered: 03/22/2001)

ORDER granting [7-1] motion to intervene by Christopher Jordan, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 03/28/2001)

ORDER re:request of USA to prohibit the depo of Jordan until resolution of criminal case is DENIED, entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mbergara) (Entered: 05/21/2001)

NOTICE OF DISCLOSURES by Matagorda County, James D Mitchell, filed. (mbergara) (Entered: 05/25/2001)

JOINT DISCOVERY/Case Management Plan by USA, Matagorda County, James D Mitchell, Christopher Jordan, filed. (mbergara) (Entered: 05/31/2001)

OBJECTION to [11-1] order by USA, filed. (mbergara) (Entered: 05/31/2001)

NOTICE OF DISCLOSURE by USA, filed. (mbergara) (Entered: 06/06/2001)

Scheduling conference held before Judge Samuel B. Kent Ct Reporter: Ida Salinas ETT: 3 days Appearances:Allen Levy, Everett McClain, William Helfand. jury trial set week of 1/28/02. (mbergara) (Entered: 06/12/2001)

DOCKET CONTROL ORDER setting Plaintiff's expert witness list submitted by 11/2/01 Deft expert witness list submitted by 12/7/01 ; Discovery cutoff 1/11/02 ; Pretrial order to be submitted on or before 1/18/02 ; Pretrial Conference on 10:30 1/24/02 before Magistrate Judge John R. Froeschner, entered. Parties notified. ( Signed by Magistrate Judge John R. Froeschner ) Jury Trial set for 1/28/02 before Judge Samuel B. Kent. (mbergara) (Entered: 06/14/2001)

Deadline updated; set jury trial for 8:30 1/28/02 before Judge Samuel B. Kent (mbergara)

AMENDED NOTICE OF DISCLOSURE by Matagorda County, James D Mitchell, filed. (mgore) (Entered: 06/20/2001)

NOTICE of Filing of First Set of Interrogatories by USA, filed (mgore) (Entered: 07/02/2001)

NOTICE of Filing of First Request for Production of Documents by USA, filed (mbergara) (Entered: 07/09/2001)

ORDER, the Court DENIES the U.S. Objections to Judge Froeschner's Order, Order is AFFIRMED in all respects, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 07/19/2001)

Motion and Order for admission Pro Hac Vice as to Alicia Dyoni Johnson, forwarded original to cs. mngr. (mbergara)

MOTION AND ORDER FOR ADMISSION PRO HAC VICE as to atty Alicia Dyoni Johnson to appear for United States of America, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 07/24/2001)

Unopposed MOTION for production of transcription by Matagorda County, James D Mitchell, Motion Docket Date 8/26/01 [23-1] motion, filed. (mbergara) (Entered: 08/07/2001)

AGREED ORDER granting [23-1] motion for production of transcription, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mgore) (Entered: 08/08/2001)

NOTICE OF SECOND AMENDED INITIAL DISCLOSURE by Matagorda County, James D Mitchell, filed. (mbergara) (Entered: 09/04/2001)

ORDER SETTING HEARING re:attorney Everett McClain's status for 9:30 10/4/01 before Judge Samuel B. Kent, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 09/17/2001)

FIRST AMENDED ANSWER to Complaint by Matagorda County, James D Mitchell : amends [9-1] answer, filed. (mbergara) (Entered: 10/04/2001)

NOTICE OF THIRD AMENDED INITIAL DISCLOSURES by Matagorda County, James D Mitchell, filed. (mbergara) (Entered: 10/04/2001)

Miscellaneous hearing held before Judge Samuel B. Kent Ct Reporter: Ida Salinas Appearances:Lionel Mills, Everett McClain, William Helfand; Court made inquiry into bar status of pltf's attorney. He is to submit proof of reinstatement by Bar w/i 30 days or to be excused from these proceedings. (mbergara) (Entered: 10/04/2001)

NOTICE OF FIRST AMENDED DISCLOSURE by USA, filed. (mbergara) (Entered: 10/25/2001)

NOTICE of Filing of "Pltf U.S. Second Request for Production of Documents" by USA, filed (mbergara) (Entered: 11/07/2001)

ORDER set conference for 9:30 11/16/01 before Judge Samuel B. Kent, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 11/09/2001)

Unopposed MOTION with memorandum of points and authorities in support to conduct oral deposition of a person confined in prison by USA, Motion Docket Date 12/5/01 [33-1] motion, filed (mbergara) (Entered: 11/16/2001)

Miscellaneous hearing held before Judge Samuel B. Kent Ct Reporter: J. Byers Appearances:Allen Levy, Alica Johnson, Lionel Mills, Everett McClain. Rule on discovery disputes as set out on the record. (mbergara) (Entered: 11/16/2001)

ORDER granting [33-1] motion to conduct oral deposition of a person confined in prison, entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mgore) (Entered: 11/19/2001)

Unopposed MOTION with memorandum in support to order Pete Martinez to show cause why he should not be held in contempt of Court for failure to comply with a valid subpoena to testify at a deposition and to enforce the subpoena by USA, Motion Docket Date 12/19/01 [36-1] motion, filed (mbergara) (Entered: 11/29/2001)

ORDER granting [36-1] motion to order Pete Martinez to show cause why he should not be held in contempt of Court for failure to comply with a valid subpoena to testify at a deposition and to enforce the subpoena set show cause hearing for 3:00 12/5/01 before Judge Samuel B. Kent, entered; Parties notified. ( signed by Judge Samuel B. Kent ) All counsel and Mr. Martinez are ORDERED to appear. (mbergara) (Entered: 11/29/2001)

Show cause hearing held before Judge Samuel B. Kent Ct Reporter: Ida Salinas Appearances:Allen Levy, Alicia Johnson, Everett McClaine, Lionel Mills, Barbara Roberts, Jill Cornelius; witness Martinez now stands in civil contempt; the court orders issuance of a bench warrant with no bond; Mr. Martinez can purge himself of contempt by tendering his deposition testimony. (mbergara) (Entered: 12/07/2001)

Issued WARRANT to arrest Pete Martinez, Deft. and forwarded to U.S. Marshal (mbergara)

ORDER set docket call for 9:00 1/3/02 before Judge Samuel B. Kent, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mgore) (Entered: 12/10/2001)

MOTION to quash subpoena by Matagorda County, James D Mitchell, Motion Docket Date 12/31/01 [40-1] motion, filed. (mbergara) (Entered: 12/11/2001)

DESIGNATION OF EXPERTS by Matagorda County, James D Mitchell filed. (mbergara) (Entered: 12/11/2001)

NOTICE of Filing of Pltf United States' Third Request for Production of Documents" by USA, filed (mbergara) (Entered: 12/13/2001)

MOTION for summary judgment by Matagorda County, James D Mitchell, Motion Docket Date 1/3/02 [43-1] motion, filed. (mbergara) (Entered: 12/17/2001)

MEMORANDUM OF LAW by Matagorda County, James D Mitchell in support of [43-1] motion for summary judgment, filed (mbergara) (Entered: 12/17/2001)

SUPPLEMENT to [43-1] motion for summary judgment by Matagorda County, James D Mitchell, filed. (gclark) (Entered: 12/21/2001)

MEMORANDUM by USA in opposition to [43-1] motion for final summary judgment, filed (mbergara) (Entered: 01/04/2002)

MOTION to amend opposition to defts' motion for summary judgment by USA, Motion Docket Date 1/23/02 [47-1] motion, filed. (mbergara) (Entered: 01/04/2002)

MEMORANDUM by Christopher Jordan in opposition to [43-1] motion for final summary judgment, filed (mbergara) (Entered: 01/04/2002)

Docket call held before Judge Samuel B. Kent Ct Reporter: J. Byers Appearances: Allen Levy, Alicia Johnson, Lionel Mills, Everett McClain, William Helfand; case set and ready for jury trial week of 1/28/02 (mbergara) (Entered: 01/04/2002)

Discovery hearing held before Magistrate Judge John R. Froeschner Tape Number: 1 Start 15--1670 Appearances:Allen Levy-USA; Everett McClain and Lionel Mills for Pltf Jordan; William Helfand and Barbara Roberts for Deft.; Order to follow. (mbergara) (Entered: 01/07/2002)

ORDER regarding hearing concerning discovery disputes, entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mbergara) (Entered: 01/07/2002)

MOTION to supplement [46-1] opposition memorandum by USA, Motion Docket Date 1/27/02 [52-1] motion, filed. (mbergara) (Entered: 01/07/2002)

NOTICE OF SECOND AMENDED DISCLOSURE by USA, filed. (mbergara) (Entered: 01/07/2002)

ORDER granting [52-1] motion to supplement [46-1] opposition memorandum, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/08/2002)

MOTION with memorandum in support for provisional continuance by USA, Motion Docket Date 1/29/02 [55-1] motion, filed (mbergara) (Entered: 01/09/2002)

MOTION in limine to exzclude testimony of Stevie Franklin by USA, Motion Docket Date 1/29/02 [56-1] motion, filed. (mbergara) (Entered: 01/09/2002)

MOTION in limine to exclude evidence of Gwen Galloway's Settlement of a discrimination Charge against the Matagord County Sheriff's Dept. by USA, Motion Docket Date 1/29/02 [57-1] motion, filed. (mbergara) (Entered: 01/09/2002)

MOTION in limine to exclude the Report and Testimony of Defts' Expert Kim Schoolcraft by USA, Motion Docket Date 1/29/02 [58-1] motion, filed. (mbergara) (Entered: 01/09/2002)

MOTION in limine to exclude evidence of Christopher Jordan's Indictment on the charge of Possession of a Prohibited substance in a correctional facility by USA, Motion Docket Date 1/29/02 [59-1] motion, filed. (mbergara) (Entered: 01/09/2002)

MOTION to withdraw [57-1] motion in limine to exclude evidence of Gwen Galloway's Settlement of a discrimination Charge against the Matagord County Sheriff's Dept. by USA, Motion Docket Date 1/30/02 [60-1] motion, filed. (mbergara) (Entered: 01/10/2002)

ORDER granting [40-1] motion to quash subpoena of Sheriff Joe King, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/11/2002)

ORDER granting [60-1] motion to withdraw [57-1] motion in limine to exclude evidence of Gwen Galloway's Settlement of a discrimination Charge against the Matagord County Sheriff's Dept., entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/11/2002)

ORDER granting in part, denying in part [43-1] motion for summary judgment, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/11/2002)

MEMORANDUM by Christopher Jordan in opposition to [43-1] motion for final summary judgment, filed (doc. not signed) (mbergara) (Entered: 01/11/2002)

ORDER striking [64-1] opposition memorandum to Deft's Motion for Final Summary Judgment, not in compliance with L.R.11.3 (no signature) and L.R.5.2 (original and one copy filikng requirement), entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/14/2002)

OPPOSITION RESPONSE by James D Mitchell to [55-1] motion for provisional continuance, filed. (mbergara) (Entered: 01/14/2002)

NOTICE OF FOURTH AMENDED INITIAL DISCLOSURE by Matagorda County, James D Mitchell, filed. (mbergara) (Entered: 01/15/2002)

ORDER setting deadlines re:telephone conference with counsel of record concerning discovery disputes, entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mbergara) (Entered: 01/15/2002)

ORDER that the examination of the personnel files of Matagorda County Sheriff's Office scheduled shall go forward as planned, entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mbergara) (Entered: 01/16/2002)

ORDER denying [55-1] motion for provisional continuance, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/16/2002)

FIRST AMENDED/SUPPLEMENTAL MEMORANDUM IN [64-1] opposition to deft's motion for final summary judgment by Christopher Jordan, filed. (mbergara) (Entered: 01/16/2002)

NOTICE OF INITIAL DISCLOSURE by Matagorda County, James D Mitchell, filed. (mgore) (Entered: 01/18/2002)

RESPONSE by James D Mitchell to [59-1] motion in limine to exclude evidence of Christopher Jordan's Indictment on the charge of Possession of a Prohibited substance in a correctional facility, filed. (mgore) (Entered: 01/18/2002)

RESPONSE by James D Mitchell to [58-1] motion in limine to exclude the Report and Testimony of Defts' Expert Kim Schoolcraft, filed. (mgore) (Entered: 01/18/2002)

Discovery hearing held before Judge Samuel B. Kent Ct Reporter: Ida Salinas Appearances:Allen Levy, William Helfand, Barbar Roberts, Jane Perkins, Lionel Mills, Everett McClain; Attorneys Lionel Mills and Everett McClain are each fined $100 for being late; to be paid w/i 10 days or further sanctions to issue; pretrial order to be filed by noon 1/23/02 (mbergara) (Entered: 01/22/2002)

ORDER granting [73-1] motion to quash subpoena for Matagorda County Distrist Atty's files and records denying [59-1] motion in limine to exclude evidence of Christopher Jordan's Indictment on the charge of Possession of a Prohibited substance in a correctional facility, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/22/2002)

MEMORANDUM IN SUPPORT/Motion for reconsideration of [63-1] order by Christopher Jordan, Motion Docket Date 2/7/02 [77-1] motion, filed. (mbergara) (Entered: 01/22/2002)

MOTION and memorandum in support to amend Order of 1/7/02 quashing a subpoena to Sheriff Joe King by USA, Motion Docket Date 2/12/02 [78-1] motion, filed. (mbergara) (Entered: 01/24/2002)

ORDER denying [78-1] motion to amend Order of 1/7/02 quashing a subpoena to Sheriff Joe King, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/24/2002)

ORDER denying [77-1] motion for reconsideration of [63-1] order, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/24/2002)

15-DAY ADMINISTRATIVE CLOSING ORDER, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 01/24/2002)

NOTICE OF CANCELLATION of Pretrial conference set for 1/24/02 at 10:30 am before the U.S. Magistrate Judge, entered; Parties notified. ( signed by Magistrate Judge John R. Froeschner ) (mbergara) (Entered: 01/24/2002)

Case closed (mbergara)

Sanctions Fee Paid; $ 200.00 RECEIPT # 313892 (mbergara)

STIPULATION re: dismissal by USA, Christopher Jordan, filed. (mbergara) (Entered: 02/19/2002)

SETTLEMENT AGREEMENT, each party shall bear its own costs and expenses including attorney's fees,entered; Parties notified. (signed by Judge Samuel B. Kent) (mbergara) (Entered: 02/20/2002)

ORDER OF DISMISSAL, entered; Parties notified. ( signed by Judge Samuel B. Kent ) (mbergara) (Entered: 02/20/2002)

Warrant issued for Pete Martinez returned unexecuted per order of the Court. (mgore) (Entered: 02/27/2002)

MAIL RETURNED UNDELIVERABLE re: [35-1] order as to William B. Fenton, Asst U.S. Attorny, Washington DC (mbergara)

MAIL RETURNED UNDELIVERABLE re: [35-1] order as to Alicia Dyoni Johnson, US Dept of Justice, Civil Rights Div, Washington DC (mbergara)