Case: United States of America v. City of Garland, Texas

United States v. City of Garland

United States v. City of Garland

COMPLAINT filed; govt no fee (5) (mlh) (Entered: 02/06/1998)

SUMMONS(ES) issued for defendant Garland City of (issued 1) (mlh) (Entered: 02/06/1998)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (mlh)

RETURN OF SERVICE executed as to defendant Garland City of 2/23/98 Answer due on 3/16/98 for Garland City of served by personal service by US Marshal (1) (ccv) (Entered: 02/27/1998)

ANSWER to Complaint by defendant Garland City of (Attorney Charles M Hinton Jr, William Frank Glazer, Ronald Eugene Jones II), (6) (mlh) (Entered: 03/17/1998)

Designation of lead counsel for plaintiff USA by Michael T Kirkpatrick (2) (mlh) (Entered: 04/21/1998)

Designation of lead counsel for defendant Garland City of by Charles M Hinton Jr (2) (mlh) (Entered: 04/21/1998)

ORDER REQUIRING ATTORNEY CONFERENCE & PROPOSAL FOR CONTENTS OF SCHEDULING & DISCOVERY ORDER set proposed scheduling and discovery order deadline for 5/29/98 ( signed by jas) Copies to counsel: 4.29.98 Page(s) 2 (mlh) (Entered: 04/29/1998)

JOINT PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff USA, defendant Garland City of (11) (mlh) (Entered: 05/29/1998)

MOTION by plaintiff USA for protective order pursuant to Rule 26(C) (2) (mlh) (Entered: 06/03/1998)

MEMORANDUM by plaintiff USA in support of [9-1] motion for protective order pursuant to Rule 26(C) (15+) (mlh) (Entered: 06/03/1998)

ORDER OF REFERENCE: [9-1] motion for protective order pursuant to Rule 26(C) referred to Magistrate Judge Jeff Kaplan ( Signed by jas) Copies to counsel: 6.5.98 Page(s): 1 (mlh) (Entered: 06/05/1998)

MOTION by defendant Garland City of for Lisa Von Eschen to appear pro hac vice (2) (mlh) (Entered: 06/08/1998)

MOTION by defendant Garland City of for Wayne S Flick to appear pro hac vice (2) (mlh) (Entered: 06/08/1998)

MOTION by defendant Garland City of for M Michelle Alvarez to appear pro hac vice (2) (mlh) (Entered: 06/08/1998)

ORDER Motion hearing set for 11:00 6/19/98 for [9-1] motion for protective order pursuant to Rule 26(C), Response to motion reset to 6/15/98 for [9-1] motion for protective order pursuant to Rule 26(C) ( signed by Mag Kaplan) Copies to counsel: 6.8.98 Page(s) 1 (mlh) (Entered: 06/08/1998)

ORDER granting [12-1] motion for Lisa Von Eschen to appear pro hac vice ( signed by jas) Copies to counsel: 6.11.98 Page(s) 1 (mlh) (Entered: 06/11/1998)

ORDER granting [14-1] motion for M Michelle Alvarez to appear pro hac vice ( signed by jas) Copies to counsel: 6.11.98 Page(s) 1 (mlh) (Entered: 06/11/1998)

ORDER granting [13-1] motion for Wayne S Flick to appear pro hac vice ( signed by jas) Copies to counsel: 6.11.98 Page(s) 1 (mlh) (Entered: 06/11/1998)

NOTICE of withdrawal of motion for protective order pursuant to Rule 26(C) by plaintiff USA (3) (mlh) (Entered: 06/12/1998)

NOTICE of attorney appearance and substitution of counsel for plaintiff USA by Sharyn Tejani (2) (mlh) (Entered: 06/19/1998)

ORDER withdrawing [9-1] motion for protective order pursuant to Rule 26(C); the hearing set for 6/19/98 at 11:00 is canceled. ( signed by Mag Kaplan) Copies to counsel: 6.24.98 Page(s) 2 (sak) (Entered: 06/24/1998)

UNOPPOSED MOTION by plaintiff USA for protective order and an order on City of Garland's section 143.089 objections (4) (mlh) (Entered: 07/10/1998)

ORDER explaining to the parties what the Court has done to address some of the concerns raised ing the Joint Report and Proposal for Contents of Scheduling & Discovery Order ( signed by jas) Copies to counsel: 7.10.98 Page(s) 3 (mlh) (Entered: 07/10/1998)

STANDING ORDER OF REFERENCE...Pursuant to 28 USC section 636(b), the above referenced case is hereby referred to the Honorable Jeff Kaplan for pretrial management. This will include determination of discovery disputes, scheduling of discovery and any limits to be placed on discovery. ( signed by jas) Copies to counsel: 7.15.98 Page(s) 1 (mlh) (Entered: 07/15/1998)

SCHEDULING ORDER setting Bench trial set for 9:00 2/7/00 ; Pretrial conference for 9:00 1/21/00 ; Joining of Parties on 4/1/99 ; Amending of Pleadings on 4/1/99 ; Discovery cutoff 7/19/99 ; Deadline for filing of dispositive motions 8/19/99 ; Proposed pretrial order due 1/14/00 ; ( signed by jas) Copies to counsel: 7.15.98 Page(s): 2 (mlh) (Entered: 07/15/1998)

AGREED PROTECTIVE ORDER granting [22-1] motion for protective order and an order on City of Garland's section 143.089 objections; See order for specifics. ( signed by jas) Copies to counsel: 7.15.98 Page(s) 5 (mlh) (Entered: 07/15/1998)

ORDER ON CITY OF GARLAND'S SECTION 143.089 OBJECTIONS...Ordered that upon entry of this order, defendant City of Garland shall make those documents sought by the USA in its Rule 30(b)(5) Request for Production of Documents and its First Request to Produce Documents which the City has claimed are protected from disclosure by section 143.089 and with respect to which the City has not asserted any other privilege or protection from discovery available to the USA for inspection and copying; See order for specifics. ( signed by jas) Copies to counsel: 7.15.98 Page(s) 3 (mlh) (Entered: 07/15/1998)

STANDING ORDER ON ALL NON DISPOSITIVE MOTIONS...See order for specifics. ( signed by Mag Kaplan) Copies to counsel: 7.16.98 Page(s) 3 (mlh) (Entered: 07/16/1998)

MOTION by plaintiff USA to amend [25-1] Scheduling order (3) (mlh) (Entered: 07/29/1998)

MEMORANDUM by plaintiff USA in support of [29-1] motion to amend [25-1] Scheduling order (5) (mlh) (Entered: 07/29/1998)

RESPONSE by defendant Garland City of opposing [29-1] motion to amend [25-1] Scheduling order (11) (mcl) (Entered: 08/17/1998)

AFFIDAVIT of Wayne S. Flick in support of defendant Garland City of Re: [31-1] motion response (15+) (mcl) (Entered: 08/17/1998)

STATEMENT by defendant Garland City of in lieu of joint status report RE: Plaintiff USA's motion to modify scheduling order (4) (mlh) (Entered: 08/18/1998)

ORDER REASSIGNING CASE to Judge Sam A. Lindsay effective 9/1/98, pursuant to Special Order 3-163; case shall henceforth carry the suffix letter 'L'. ( signed by jb) Copies to counsel: 8.27.98 Page(s): 3 (sak) (Entered: 08/27/1998)

REPLY by plaintiff USA to response to [29-1] motion to amend [25-1] Scheduling order (15+) (jrb) (Entered: 08/31/1998)

MOTION by defendant Garland City of to compel discovery responses and for sanctions (8) (lag) (Entered: 09/08/1998)

MEMORANDUM by defendant Garland City of in support of [36-1] motion to compel discovery responses and for sanctions (15+) UNDER SEPARATE COVER (lag) (Entered: 09/08/1998)

Declaration/AFFIDAVIT of Andrea Fisher by defendant Garland City of Re: [36-1] motion to compel discovery responses and for sanctions (15+) (lag) (Entered: 09/08/1998)

Declaration/AFFIDAVIT of Ken Davis by defendant Garland City of Re: [36-1] motion to compel discovery responses and for sanctions (4) (lag) (Entered: 09/08/1998)

Declaration/AFFIDAVIT of Lana Burke by defendant Garland City of Re: [36-1] motion to compel discovery responses and for sanctions (4) (lag) (Entered: 09/08/1998)

Declaration/AFFIDAVIT of Merrill Balanciere by defendant Garland City of Re: [36-1] motion to compel discovery responses and for sanctions (4) (lag) (Entered: 09/08/1998)

Joint STATUS REPORT re: Dft's Motion to Compel Discovery Responses and for sanctions by plaintiff USA, defendant Garland City of (15+) (lag) (Entered: 09/08/1998)

ORDER Motion hearing set for 10:00 10/2/98 for [36-1] motion to compel discovery responses and for sanctions, and Response to motion reset to 9/24/98 for [36-1] motion to compel discovery responses and for sanctions, and Reply to Response to Motion reset to 9/30/98 for [36-1] motion to compel discovery responses and for sanctions ( signed by JK) Copies to counsel: 9/9/98 Page(s) 2 (jrb) (Entered: 09/09/1998)

MOTION by plaintiff USA for order requiring notice to City of Garland employees (5) (jrb) (Entered: 09/14/1998)

MEMORANDUM by plaintiff USA in support of [44-1] motion for order requiring notice to City of Garland employees (15+) (jrb) (Entered: 09/14/1998)

MOTION by plaintiff USA for protective order (3) (jrb) (Entered: 09/14/1998)

MEMORANDUM by plaintiff USA in support of [46-1] motion for protective order (15+) (jrb) (Entered: 09/14/1998)

MOTION by defendant Garland City of for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants (5) (jrb) (Entered: 09/14/1998)

MEMORANDUM by defendant Garland City of in support of [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants (15+) (jrb) (Entered: 09/14/1998)

Joint STATUS REPORT by plaintiff USA, defendant Garland City of re: Dft City of Garland's Mtn for an order restricting communcation by counsel for the US with certain current city employees; and for an order approving a notice to all police and fire dept employees regarding communcations with counsel for the US; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccesful applicants; and the US' Mtn for order requiring notice to City of Garland Employees and for protective order. (8) (jrb) (Entered: 09/14/1998)

Joint STATUS REPORT by plaintiff USA, defendant Garland City of re: dft City of Garland's mtn for an order restricting communication by counsel for the US with certain current city employees; and for an order approving a notice to all police and fire dept employees regarding communcations with counsel for the US and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants' and the US Mtn for order requiring notice to City of Garland Employees and for protective order. (8) (jrb) (Entered: 09/14/1998)

ORDER Motion hearing set for 10:00 10/2/98 for [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants, and Response to motion reset to 9/24/98 for [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants, and Reply to Response to Motion reset to 9/30/98 for [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants ( signed by JK) Copies to counsel: 9/15/98 Page(s) 2 (jrb) (Entered: 09/15/1998)

Amendment to Memorandum in support of Mtn for order requiring notice to City of Garland Employees/ SUPPLEMENTAL DOCUMENT to [45-1] support memorandum by plaintiff USA (5) (jrb) (Entered: 09/16/1998)

MEMORANDUM by plaintiff USA in opposition to [36-1] motion to compel discovery responses and for sanctions (15+)(USC) (jrb) (Entered: 09/25/1998)

MEMORANDUM by defendant Garland City of in opposition to [44-1] motion for order requiring notice to City of Garland employees (15+) (jrb) (Entered: 09/25/1998)

MEMORANDUM by plaintiff USA in opposition to [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants (15+) (jrb) (Entered: 09/25/1998)

RESPONSE by defendant Garland City of in opposition to [46-1] motion for protective order (5 (jrb) (Entered: 09/25/1998)

REPLY by plaintiff USA to response to [44-1] motion for order requiring notice to City of Garland employees (15+) (jrb) (Entered: 10/01/1998)

REPLY by plaintiff USA to response to [46-1] motion for protective order (4) (jrb) (Entered: 10/01/1998)

REPLY MEMORANDUM by defendant Garland City of to response to [36-1] motion to compel discovery responses and for sanctions (15+) (jrb) Modified on 10/01/1998 (Entered: 10/01/1998)

REPLY MEMORANDUM by defendant Garland City of to response to [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants (15+) (jrb) (Entered: 10/01/1998)

Minute order: Mtns hrg Held before Magistrate Judge Jeff Kaplan Court Reporter: electronic (4) (jrb) (Entered: 10/02/1998)

Motion hearing re: [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants Motion hearing held, [46-1] motion for protective order, [44-1] motion for order requiring notice to City of Garland employees, [36-1] motion to compel discovery responses and for sanctions Motion hearing held, [29-1] motion to amend [25-1] Scheduling order (jrb)

ORDER set case management/scheduling conference for 9:00 10/15/98 ( signed by Mag. Kaplan) Copies to counsel: 10.06.98 Page(s) 1 (alh) (Entered: 10/06/1998)

ORDER granting in part, denying in part [48-1] motion for an order restricting communciation by counsel for the US with certain current city employeees; and for protective order regarding dissemination by the US of personal information relating to current and former police officers and firefighters and unsuccessful applicants ( signed by ...see order for specifics. JK) Copies to counsel: 10/13/98 Page(s) 3 (jrb) (Entered: 10/13/1998)

ORDER granting in part, denying in part [44-1] motion for order requiring notice to City of Garland employees ( signed by JK) Copies to counsel: 10/13/98 Page(s) 2 (jrb) (Entered: 10/13/1998)

ORDER granting in part, denying in part [36-1] motion to compel discovery responses and for sanctions ( signed by JK) Copies to counsel: 10/13/98 Page(s) 3 (jrb) (Entered: 10/13/1998)

ORDER granting [46-1] motion for protective order ( signed by JK) Copies to counsel: 10/13/98 Page(s) 3 (jrb) (Entered: 10/13/1998)

TRANSCRIPT filed Court Reporter: Betty Tate Date(s): 10/2/98 Volume(s): 1 Type of proceeding: mtn to compel, mtn restricting communications, mtn for protective order and mtn for order requiring notice to the City of Garland. (15+)(USC) (jrb) (Entered: 10/15/1998)

ORDER...re: interview notes...unredacted copies of these document provisions shall be produced to dft by 10/22/98. The other provisions redacted by plaintiff contain legal opinions, mental impressions and conclusions, and need not be produced. ( signed by JK) Copies to counsel: 10/15/98 Page(s) 2 (jrb) (Entered: 10/15/1998)

Stipulated Protective ORDER re: HRIS Database...see order for specifics. ( signed by JK) Copies to counsel: 10/15/98 Page(s) 2 (jrb) (Entered: 10/15/1998)

First Interim Scheduling ORDER set scheduling conference for 9:00 5/3/99 ...see order for specifics. ( signed by JK) Copies to counsel: 10/16/98 Page(s) 3 (jrb) (Entered: 10/16/1998)

ORDER...before this case was transferred to this court,the Honorable Solis issued a standing order of reference which referred the case to Hon Kaplan for pretrial management. Mag Kaplan will continue to handle this case as set forth in Judge Solis's order of 7/14/98...see order for specifics. ( signed by SAL) Copies to counsel: 10/26/98 Page(s) 1 (jrb) (Entered: 10/26/1998)

RETURN OF SERVICE executed re: subpoena in a civil case to Perry Vecchio. (1) (jrb) (Entered: 10/28/1998)

RETURN OF SERVICE executed re: subpoena in a civil case to Jesus Antonio Torres. (1) (jrb) (Entered: 10/28/1998)

RETURN OF SERVICE executed re: subpoena in a civil case to Perry Vecchio. (1) (jrb) (Entered: 10/29/1998)

RETURN OF SERVICE executed re: subpoena in a civil case to Lupita Torres. (1) (jrb) (Entered: 10/29/1998)

RETURN OF SERVICE executed re: subpoena in a civil case to Lupita Torres. (1) (jrb) (Entered: 10/29/1998)

RETURN OF SERVICE executed re: subpoena in a civil case to Jesus Antonio Torres. (1) (jrb) Modified on 11/04/1998 (Entered: 11/03/1998)

Application/MOTION by defendant Garland City of for order to show cause re: contempt in connection with dft's subpoena duces tecum to third-party Perry Becchi of the League of United Latin-American Citizens (15+) (jrb) (Entered: 11/10/1998)

ORDER Response to motion reset to 11/18/98 for [79-1] motion for order to show cause re: contempt in connection with dft's subpoena duces tecum to third-party Perry Becchi of the League of United Latin-American Citizens ( signed by JK) Copies to counsel: 11/12/98 Page(s) 2 (jrb) (Entered: 11/12/1998)

US Dept of Justice US Marshals Service Process Receipt and RETURN OF SERVICE executed...Perry Vecchio..date of service 11/16/98. (jrb) (Entered: 11/20/1998)

Minute order: Show Cause Order Held before Magistrate Judge Jeff Kaplan Court Reporter: electronic (2) (jrb) (Entered: 11/23/1998)

Motion hearing re: [79-1] motion for order to show cause re: contempt in connection with dft's subpoena duces tecum to third-party Perry Becchi of the League of United Latin-American Citizens (jrb)

ORDER...An order signed by all counsel for all parties and the attorneys for Perry Vecchio and the League of United Latin American Citizens shall be hand delivered to the chambers of Magistrate Kaplan by 12:00 noon 12/2/98. ( signed by Mag Kaplan) Copies to counsel: 12.1.98 Page(s) 2 (mlh) (Entered: 12/01/1998)

NOTICE of attorney appearance for movant Perry Vecchio by Ray Velarde (1) (mlh) (Entered: 12/02/1998)

Order Re: Show Cause ORDER granting [79-1] motion for order to show cause re: contempt in connection with dft's subpoena duces tecum to third-party Perry Becchi of the League of United Latin-American Citizens...Mr Vecchio shall on or before 12/4/98 produce to the City of Garland, at the office of the City Atty, any and all documents within his possession, custody or control which are responsive to the subpoena duces tecum served on him by the City on 10/22/98. Any and all LULAC membership lists or rosters shall be exempt from this order. No monetary sanctions are ordered at this time. Failure to comply with this Order, however, may result in the imposition of sanctions. ( signed by JK) Copies to counsel: 12/3/98 Page(s) 3 (jrb) (Entered: 12/03/1998)

Appliation/MOTION of non-resident atty/ by defendant Garland City of for Kelly J Sosnow to appear pro hac vice (3) (jrb) (Entered: 01/26/1999)

Application/MOTION of non-resident atty/ by defendant Garland City of for Robert J Malionek to appear pro hac vice (3) (jrb) (Entered: 01/26/1999)

ORDER granting [87-1] motion for Robert J Malionek to appear pro hac vice, granting [86-1] motion for Kelly J Sosnow to appear pro hac vice ( signed by SAL) Copies to counsel: 2/3/99 Page(s) 1 (jrb) (Entered: 02/03/1999)

Agreed ORDER for protective order ...see order for specifics. ( signed by JK) Copies to counsel: 2/25/99 Page(s) 11 (jrb) (Entered: 02/25/1999)

MOTION by plaintiff USA for order allowing communication with certain non-management employees of dft City of Garland (3) (jrb) (Entered: 03/01/1999)

MEMORANDUM by plaintiff USA in support of [90-1] motion for order allowing communication with certain non-management employees of dft City of Garland (10) (jrb) (Entered: 03/01/1999)

ORDER Motion hearing set for 10:30 3/5/99 for [90-1] motion for order allowing communication with certain non-management employees of dft City of Garland ( signed by JK) Copies to counsel: 3/1/99 Page(s) 1 (jrb) (Entered: 03/01/1999)

RESPONSE by defendant Garland City of in opposition to [90-1] motion for order allowing communication with certain non-management employees of dft City of Garland (15+) (jrb) (Entered: 03/04/1999)

Declaration/AFFIDAVIT of Lieutenant Mark Dillon Re: [93-1] opposition response (5) (jrb) (Entered: 03/04/1999)

Declaration/AFFIDAVIT of Captain Jeffrey L Tokar Re: [93-1] opposition response (5) (jrb) (Entered: 03/04/1999)

Minute order: Plaintiff's mtn for an order allowing communication with certain non-management employees of City of Garland. Held before Magistrate Judge Jeff Kaplan Court Reporter: electronic (2) (jrb) (Entered: 03/08/1999)

Motion hearing re: [90-1] motion for order allowing communication with certain non-management employees of dft City of Garland Motion hearing held (jrb)