Case: United States v. State of Arkansas

USA v. Arkansas, State of

COMPLAINT (Summons(es) issued) and returned to: attorney (bmt) (Entered: 10/15/1993)

CONSENT DECREE by Judge Terry L. Shell (cc: all counsel) (bmt) (Entered: 10/25/1993)

MOTION by plaintiff for enforcement of the Individual Relief Provisions of the Consent Decree entered on 2/1/78 (bmt) Modified on 10/25/1993 (Entered: 10/15/1993)

MEMORANDUM by plaintiff in support of motion for enforcement of the Individual Relief Provisions of the Consent Decree entered on 2/1/78 [3 -1] (bmt) Modified on 10/25/1993 (Entered: 10/15/1993)

RESPONSE by defendants to motion for enforcement of the Individual Relief Provisions of the Consent Decree entered on 2/1/78 [3-1] (bmt) Modified on 10/25/1993 (Entered: 10/15/1993)

ORDER Judge William Overton on 1/3/93, deft mailed offers of employment as Arkansas State Troopers to those class members who were certified as eligible for employhment by the Arkansas State Police Commission on 12/22/82. Class members will, upon being hired by deft, receive from deft the seniority & back pay to which they are entitled under paragraphs 9 and 16 of the consent decree. Further investigation going on regarding Clifford Monroe. Ordered that upon hiring of the class members referred to and their receipt of seniority & back pay, the request for relief specified in the motion shall be deemed satisfied. It is further Ordered that should class member Monroe be refused an offer of employment, nothing in this order shall be construed to prohibit pltf from challenging that refusal or otherwise seeking relief (cc: all counsel) (bmt) Modified on 10/25/1993 (Entered: 10/15/1993)

MOTION by plaintiff to consolidate case w/LR-C-91-627 (bmt) Modified on 10/25/1993 (Entered: 10/15/1993)

ORDER by Chief Judge Stephen M. Reasoner granting motion to consolidate case w/LR-C-91-627 [7-1]; all pleadings to be filed in Lead Case LR-C-78-25 with member case 4:91-cv-627 and case reopened (cc: all counsel) (bmt) Modified on 10/25/1993 (Entered: 10/15/1993)

SCHEDULING ORDER: non-jury trial set for 9:30 12/5/94; discovery due 10/11/94; pretrial info sheet due 11/7/94 (cc: all counsel) (bmt) Modified on 05/27/1994 (Entered: 05/27/1994)

ORDER by Magistrate Judge Jerry W. Cavaneau on joint motion of the parties & for good cause shown, the Arkansas State Police is ordered to deposit $295,000 into the registry of the Court to be invested in an interest-bearing account until such time as the defts request that it be invested in other accounts or instruments or until the proceeds are disbursed as ordered by the Court; the clerk is directed to deduct from the income earned on the account a fee not exceeding that authorized by the Judicial Conference of the United States & set by the Director of the Administrative Office (cc: all counsel) EOD 6/30/94 (bmt) Modified on 06/30/1994 (Entered: 06/30/1994)

PRETRIAL CONFERENCE INFORMATION SHEET by pltfs (7 to 10 days) (bmt) (Entered: 11/08/1994)

ORDER by Chief Judge Stephen M. Reasoner upon oral motion of parties, the time for defts to file their pretrial conf info sheet is extended to 11/16/94 (cc: all counsel) (bmt) (Entered: 11/16/1994)

NOTICE/ORDER by Chief Judge Stephen M. Reasoner scheduling settlement hearing for 9:30 on 1/13/95 for the purpose of determining if the proposed settlement is fair & reasonable for the purpose of awarding relief to the parties including attys' fees & costs (cc: all counsel) (bmt) (Entered: 11/23/1994)

NOTICE/ORDER by Chief Judge Stephen M. Reasoner to non-class members regarding settlement hearing scheduled for 1/13/95 at 9:30 a.m. in Little Rock (cc: all counsel) (bmt) (Entered: 11/23/1994)

AMENDED NOTICE/ORDER by Chief Judge Stephen M. Reasoner to Arkansas State Police Trooper (non -class members) regarding settlement hearing scheduled for 1/13/95 at 9:30 a.m. in Little Rock (cc: all counsel) (bmt) (Entered: 11/29/1994)

ORDER by Chief Judge Stephen M. Reasoner upon oral motion of defts & w/o opposition from pltfs, the time for defts to file their pretrial conf info sheet is extended until 11/25/95 (cc: all counsel) (bmt) (Entered: 12/01/1994)

MOTION to withdraw as attorney for pltf by Kenneth F. Stoll (bmt) (Entered: 12/08/1994)

ORDER by Chief Judge Stephen M. Reasoner granting motion to withdraw as attorney for pltf by Kenneth F. Stoll [17-1] (cc: all counsel) EOD 12/27/94 (bmt) (Entered: 12/27/1994)

MOTION by movants to intervene (bmt) (Entered: 01/03/1995)

BRIEF by movants in support of motion to intervene [19-1] (bmt) (Entered: 01/03/1995)

RESPONSE by pltfs Tappin, Anthony Jr, Bazzelle, Briggs, Dowd, Fleming, Harris, Lamar, Lewis, Smith, Swanigan, and Wright to motion to intervene [19-1] (bmt) (Entered: 01/09/1995)

BRIEF by pltfs Tappin, Anthony, Bazzelle, Briggs, Dowd, Fleming, Harris, Lamar, Lewis, Smith, Swanigan & Wright in support of motion response [21-1] (bmt) (Entered: 01/09/1995)

FIRST AMENDED RESPONSE by pltfs Tappin, Anthony, Bazzelle, Briggs, Dowd, Fleming, Harris, Lamar, Lewis, Smith, Swanigan & Wright to motion to intervene [19-1] (bmt) (Entered: 01/10/1995)

JOINT STIPULATION of facts by plaintiffs and defts (bmt) (Entered: 01/13/1995)

MEMO TO FILE: finding the motion to intervene moot [19-1] (bmt) (Entered: 01/20/1995)

WRITTEN STATUS REPORT by pltfs Frank E Tappin, Perry Anthony Jr, Larry Bazzelle, Derrick S Briggs, Charles Anthony Dowd, Robert Fleming, Morstine Harris, Henry Lamar, Sigfrid Lewis, Rhodis Smith, Ruth M Swanigan & Joe Lee Wright (bmt) (Entered: 01/31/1995)

MOTION by plaintiffs for protective order (bmt) (Entered: 02/22/1995)

BRIEF by plaintiffs in support of motion for protective order [27-1] (bmt) (Entered: 02/22/1995)

RESPONSE by defendant Arkansas St Police to motion for protective order [27-1] (bmt) (Entered: 02/22/1995)

NOTICE TO COUNSEL (DOC) resumption of the fairness hearing set for 9:30 4/17/95 (cc: all counsel) (bmt) (Entered: 03/31/1995)

ENTRY OF APPEARANCE as attorney for defendants by Rick D. Hogan and Tim Humphries (bmt) (Entered: 04/12/1995)

NOTICE/ORDER (DOC) resumption of the fairness hearing set for 1:30 on 5/1/95 (cc: all counsel) (bmt) (Entered: 04/18/1995)

STIPULATED & PROTECTIVE ORDER by Chief Judge Stephen M. Reasoner: granting motion for protective order [27-1]; all documents produce in connection with objectors' request shall be deemed as CONFIDENTIAL INFORMATION; the parties shall not disclosed any confidential information to any person except that such information may be disclosed to attys of record for parties in case (cc: all counsel) (bmt) (Entered: 05/09/1995)

ORDER by Chief Judge Stephen M. Reasoner approving the settlement agreement with the exception of the provisions in paragraphs (B)(1) and (2) of section III of the Settlement Agreement; the Court will not modify the Consent Decree & should not w/o the participation of the Justice Department in this litigation (cc: all counsel) (bmt) (Entered: 09/29/1995)

ORDER by Chief Judge Stephen M. Reasoner the letter/motion of atty Philip E. Kaplan for an extension of time in which to file a motion for atty's fees is granted until 10/25/95 (cc: all counsel) (bmt) (Entered: 10/19/1995)

MOTION by movants (objectors) for attorney fees (bmt) (Entered: 10/26/1995)

BRIEF by movants (objectors) in support of motion for attorney fees [36-1] (bmt) (Entered: 10/26/1995)

DOCKET NOTE: check #112793 issued to Duncan & Rainwater in the amount of $238,578.75 (bmt)

MOTION by deft Arkansas St Police to extend time in which to resp to objectors' motion for attys' fees (bmt) (Entered: 11/07/1995)

ORDER by Chief Judge Stephen M. Reasoner granting motion to extend time in which to resp to objectors' motion for attys' fees until 11/16/95 [38-1] [36-1] (cc: all counsel) (bmt) (Entered: 11/08/1995)

RESPONSE by Arkansas St Police to objectors' motion for attorney fees [36-1] (bmt) (Entered: 11/17/1995)

BRIEF by Arkansas St Police in support of response to objectors' motion for attys' fees [40-1] (bmt) (Entered: 11/17/1995)

DOCKET NOTE: Check in the amount of $2,206 issued to Dr. Veres per order (bmt)

NOTICE/ORDER (DOC) scheduling hearing on objectors' motion for attorney fees [36-1] at 9:30 on 5/9/96 (cc: all counsel) (bmt) (Entered: 03/15/1996)

CLERK'S MINUTES: Hearing held on objectors' motion for attorneys' fees. Order to be entered. (Ct. Reporter: Genie Power) (former empl) (Entered: 05/09/1996)

ORDER by Chief Judge Stephen M. Reasoner setting aside memo to file which rendered the motion to intervene moot [25-1]; granting motion to intervene [19-1]; granting in part intervenors' motion for attorney fees in the sum of $9,907.86 [36-1] (cc: all counsel) (bmt) (Entered: 05/10/1996)

ORDER by Judge Stephen M. Reasoner granting motion to substitute atty Wendy K. Michaelis in place of Tim Humphries, Victra Fewell and Rick Hogan for defts (cc: all counsel) (bmt) (Entered: 04/10/2001)

JOINT MOTION by plaintiff and defendants to modify the Consent Decree (bmt) (Entered: 11/24/2003)

MEMORANDUM by plaintiff and defendants in support of joint motion to modify the Consent Decree [46-1] (bmt) (Entered: 11/24/2003)

JOINT MOTION by plaintiff and defendants for entry of agreement and order (bmt) (Entered: 11/24/2003)

RESPONSE by Class Pltfs to motion to modify the Consent Decree [46-1] (bmt) (Entered: 12/08/2003)

JOINT REPLY by plaintiff USA and defendants to Tappin Pltfs' response to motion to modify the Consent Decree [46-1] (bmt) (Entered: 12/11/2003)

SUPPLEMENTAL RESPONSE by Tappin Pltfs to joint motion to modify the Consent Decree [46-1] (bmt) (Entered: 01/02/2004)

SECOND SUPPLEMENTAL REPLY by Tappin plaintiffs to response to motion for status hearing and supplemental response to joint motion to modify the Consent Decree [46-1] (bmt) (Entered: 01/21/2004)

JOINT DECLARATION by plaintiff and defendants (bmt) (Entered: 02/12/2004)

CERTIFICATE OF SERVICE by pltf and defts of joint declaration upon counsel for Tappin pltfs [53-1] (bmt) (Entered: 02/12/2004)

ORDER by Judge Stephen M. Reasoner for the purposes of easing the burden on the Clerk's Office, the Court orders that cases 4:91cv00627 and 4:78cv00025 be consolidated; all pleadings to be consolidated into case number 4:91cv00627 (cc: all counsel) (bmt) (Entered: 02/13/2004)

ORDER by Judge Stephen M. Reasoner granting joint motion for entry of agreement and order [48-1] (cc: all counsel) (bmt) (Entered: 04/06/2004)

AGREEMENT AND ORDER by Judge Stephen M. Reasoner regarding settlement of allegations made by the United States as to noncompliance by the defts with the 1978 Consent Decree concerning the selection procedure for promotion to Sergeant, as set forth in this Order, the United States and the defts agree to the entry of this Agreement and Order (cc: all counsel) (bmt) Modified on 04/07/2004

ORDER by Chief Judge Susan W. Wright Purs to the hearing held on 8/12/04, the Court makes the following ruling: the joint motion to modify the Consent Decree [46-1] is held in abeyance for 30 days from the date of the hearing; the Court will make a determination after the 30 days has expired (cc: all counsel) (bmt) (Entered: 08/23/2004)

ORDER (DOC); Case reassigned to Chief Judge Susan W. Wright (cc: all counsel) (vjt) (Entered: 08/26/2004)

RESPONSE by Tappin pltfs to joint motion to modify the consent decree (vjt)

REPLY by defts to Tappin pltfs' second response to joint motion to modify the consent decree (vjt) Modified on 09/22/2004

REPLY by USA to Tappin pltfs' response to joint motion to modify the consent decree (vjt)

ORDER by Chief Judge Susan W. Wright granting motion to modify the Consent Decree [46-1]; unless specifically dissolved or amended by this Order, all provisions of the Consent Decree shall remain in full force and effect until further Order of the Court (cc: all counsel) (vjt) (Entered: 09/23/2004)

ORDER by Chief Judge Susan W. Wright, as noted in its Order of 8/20/04, this Court has continuing jurisdiction over the Tappin Settlement Agreement; therefore, any further issues involving the Tappin Settlement Agreement, including changes to the policy re promotion procedure, will be controlled by the Agreement (cc: all counsel) (vjt)

ORDER following hearing on 11/21/2006 to address the status of pending motions; directing the Clerk of Court to take the steps necessary to ensure that United States v. State of Arkansas, et al., No. 4:78cv25 be closed on the Court's docket. This case will proceed pursuant to the Settlement Agreement in Tappin, et al. v. Arkansas State Police Department, et al., No. 4:91cv629. (Also filed in the Lead Case: 4:91cv627) Signed by Judge Susan Webber Wright on 11/22/2006. (thd) (Entered: 11/22/2006)

TRANSCRIPT of Hearing on Motions held on 11/21/06 before Judge Susan Webber Wright. Court Reporter: Cheryl Bartnett Nelson. (vjt) (Entered: 12/13/2006)

MEMORANDUM AND ORDER that Defts' Renewed Motion to Terminate the Court's Supervision of the Tappin Settlement Agreement (doc.#189 in Case No. 4:91cv00627) is GRANTED; Pltfs' Amended Motion for Enforcement of Tappin Settlement Agreement (doc.#190 in Case No. 4:91cv00627) is DENIED AS MOOT. Signed by Judge Susan Webber Wright on 3/28/07. (vjt) (Entered: 03/28/2007)

ORDER directing the Clerk of the Court to refund to the Arkansas State Police any and all sums plus accrued interest which the Arkansas State Police had deposited into the registry of the Court in above-styled case pursuant to the Order entered June 30, 1994. Signed by Judge Susan Webber Wright on 7/10/09. (bkp) (Entered: 07/10/2009)

Docket Note: pursuant to Orders 63 and 10, check #354 in the amount of $1,831.44 was issued to USDC - Eastern District of Arkansas, and check #355 in the amount of $43,665.91 was issued to Arkansas State Police, Attn: Ken Stoll, Legal Counsel, on 7/15/09. (vjt)