Case: Martinez v. City of St. Louis

Deeken v. City of St. Louis

U.S. Court of Appeals for the Eighth Circuit

Martinez v. St. Louis

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 11 # Consents: 2; jury demand (FCE) (Entered: 04/19/2001)

RECEIPT # S2001-005687 in the amount of $ 150 for filing fee (FCE) (Entered: 04/19/2001)

TRACK INFORMATION STATEMENT filed by plaintiff Michael Martinez track 2 preferred (FCE) (Entered: 04/19/2001)

ALIAS SUMMONS issued as to defendant St. Louis, City of ; # of summons issued: 1 # days to respond: 20 (FCE) (Entered: 06/06/2001)

NOTICE OF PRIVATE PROCESS SERVER ; Process Server: John Frederick (FCE) (Entered: 06/06/2001)

ATTORNEY APPEARANCE for defendant St. Louis, City of by Nancy R. Kistler (LSD) Modified on 06/14/2001 (Entered: 06/14/2001)

MOTION by defendant St. Louis, City of to extend time to file and answer/responsive pleading up to and including 7/18/01 (BDC) (Entered: 06/20/2001)

RETURN OF SERVICE executed upon defendant St. Louis, City of on 6/11/01 by personal service by serving Angela Thompson, Office of the Mayor. (BDC) (Entered: 06/25/2001)

RULED DOCUMENT by Mag Judge Thomas C. Mummert granting motion to extend time to file and answer/responsive pleading up to and including 7/18/01 [7-1] EXTENTION OF TIME TO ANSWER for St. Louis, City of has been extended until 07/18/2001 (cc: all counsel) (LSD) (Entered: 06/22/2001)

RULE 16 ORDER by Mag Judge Thomas C. Mummert ; standard(2) track, ; Rule 16 Conference 7/30/01-8:30AM ; joint scheduling plan ddl 7/23/01 ; Magistrate Consent Due ddl 7/23/01-mag-con/opt out form sent with this order (cc: all counsel) (BDC) (Entered: 06/26/2001)

FULL CONSENT has been received by plaintiff Michael Martinez, defendant St. Louis, City of [0-0], [0-0] (BDC) (Entered: 07/23/2001)

JOINT PROPOSED SCHEDULING PLAN by plaintiff Michael Martinez, defendant St. Louis, City of (BDC) (Entered: 07/23/2001)

MOTION by defendant St. Louis, City of for leave to file its answer to pltf's complaint 2 days out of time filed with attached proposed answer. (BDC) (Entered: 07/23/2001)

RULED DOCUMENT by Mag Judge Thomas C. Mummert granting motion for leave to file its answer to pltf's complaint 2 days out of time [13-1]. LEAVE GRANTED, TCM, 7/30/01. (cc: all counsel) (BDC) (Entered: 07/30/2001)

ANSWER by defendant St. Louis, City of to pltf's complaint [1-1] (BDC) (Entered: 07/30/2001)

MINUTES: before Mag Judge Thomas C. Mummert Rule 16 Conference held on 7/30/01 - in chambers court reporter: none; proceedings started: 8:30 - ended: 9:00 (BAK) (Entered: 07/31/2001)

ORDER REFERRING CASE TO ADR: by Mag Judge Thomas C. Mummert Case set for mediation Designation of Lead Nancy R. Kistler Designation of Neutral 1/4/02 ADR Conference Report ddl 4/4/02 (cc: all counsel) (BAK) (Entered: 08/01/2001)

CASE MANAGEMENT ORDER by Mag Judge Thomas C. Mummert ; standard(2) track, ; motion to add party ddl 10/15/01 ; Disc completion ddl 5/1/02 ; Notice of Motion ddl set for 5/27/02 ; Motion Package ddl set for 6/6/02 ; disp motion ddl 5/27/02 ; jury trial 10/7/02 ; pt comp ddl 9/16/02 ; ADR future refer 2/4/02 (cc: all counsel) (BAK) (Entered: 08/01/2001)

MOTION with memo in sppt and PROPOSED AMENDED COMPLAINT by plaintiff Michael Martinez for leave to file first amended complaint and join necessary parties (LSD) (Entered: 08/14/2001)

ORDER by Mag Judge Thomas C. Mummert granting motion for leave to file first amended complaint and join necessary parties [19-1] (cc: all counsel) (BAK) (Entered: 08/31/2001)

AMENDED COMPLAINT by plaintiff Michael Martinez # Counts: 12 [1-1]; adding DOJ, Firefighters Inst, Preston Sims, George Baker, Robert . Morgan, Robert Grady, George Redford Turner, Lawrence L. Britt, Vernon Ammons, Wendell Goins, Charles Gay, George Horne, William L. Young, Daniel S. Austin, Robert Anderson, John H. Harvey, Joseph P. Hughes, Eugene Stanton, St. Louis Division, Kay . Leonard, John Clark, Stanley Newsome, Edward Bushmeyer, Sherman George, William C. Duffe; jury demand (BAK) (Entered: 09/06/2001)

ANSWER by defendant St. Louis, City of to pltf's first amended complaint [21-1] (BDC) (Entered: 09/15/2001)

ADR REMARK (spoke with Nancy Kistler - parties will seek additional time from Judge Mummer to file designation of neutral) (SAC)

MOTION by defendant St. Louis, City of to extend ADR deadlines (LSD) (Entered: 01/18/2002)

RULED DOCUMENT by Mag Judge Thomas C. Mummert granting motion to extend ADR deadlines [23-1], Designation of Neutral deadline is to be modified at a later date after all newly added parties have been served MOTION GRANTED, TCM, 01/18/02. (cc: all counsel) (BDC) (Entered: 01/18/2002)

ORDER by Mag Judge Thomas C. Mummert: Upon review of the record... the court notes that no proof of service upon nor entry of appearance on behalf of defts: Firefighters' Institute for Racial Equalify; Preston Sims; George Baker; Robert Morgan; Robert Grady; George Redford Turner; Lawrence L. Britt; Vernon Ammons; Wendell Goins; Charles Gay; George Horne; William L. Young; Daniel S. Austin; Robert Anderson; John H. Harvey; Joseph P. Hughes; Eugene Stanton; St. Louis Division of Fire and Fire Pevention; Kay Leonard; John Clark; Stanley Newsome; Edward Bushmeyer; Sherman George; and William C. Duffe... Because it does not appear that service of the amended complaint has been timely made within 120 days of the filing of the pltf's first amended complaint on 08/30/2001... ; response to order show cause is due within 10 days... 1/28/02 to show why this action should not be dismissed without prejudice as to these defts. (cc: all counsel) (BDC) (Entered: 01/18/2002)

MOTION by plaintiff Michael Martinez to extend the time to serve those defts not yet served. (BDC) (Entered: 01/28/2002)

SUMMONS issued as to defendant William C. Duffe, defendant John Clark, defendant Kay Leonard, defendant Sherman George, defendant Stanley Newsome # of summons issued: 5 days to respond: 20 (BDC) (Entered: 01/28/2002)

RULED DOCUMENT by Mag Judge Thomas C. Mummert granting motion to extend the time to serve those defts not yet served. [26-1] (cc: all counsel) (BDC) (Entered: 01/29/2002)

ANSWER to AMENDED COMPLAINT by defendant Kay Leonard, defendant Edward Bushmeyer, defendant Sherman George, defendant William C. Duffe to [21-1] (LSD) (Entered: 02/20/2002)

ORDER by Mag Judge Thomas C. Mummert ORDERED that pltf shall show cause in writing within 5 days of the date of this order why this action whould not be dismissed without prejduice as to defts Fighfighters' Inst. for Racial Equality; Preston Sims; George Baker; Robert Morgan; Robert Grady; George redford Turner; Lawrence Britt; Vernon Ammons; Wendell Goins; Charles Gay; George Horne; William Young; Daniel Austin; Robt. Anderson; John Harvey; Jos. Hughes; Eugene Stanton; St. Louis Division of Fire and Fire Prevention; John Clark; and Stanley Newsome for lack of timely service. No requests for further extensions of time within which to serve these defts will be granted. ; response to order show cause 4/29/02 (cc: all counsel) (LSD) Modified on 04/22/2002 (Entered: 04/22/2002)

MOTION by defendant St. Louis, City of to consolidate cases Memorandum in support attached (BAK) (Entered: 06/04/2002)

PROTECTIVE ORDER (STIPULATED) by Mag Judge Thomas C. Mummert : (cc: all counsel) (LSD) (Entered: 06/26/2002)

GENERIC SCHEDULING EVENT ; Discovery Completion ddl satisfied ; Dispositive Motion ddl satisfied (LSD)

GENERIC SCHEDULING EVENT ; Motion Package ddl satisfied ; Notice of Motion satisfied (LSD)

GENERIC SCHEDULING EVENT ; Response to Order Show Cause satisfied (LSD)

ORDER by Mag Judge Thomas C. Mummert IT IS HEREBY ORDERED that a conference is shceduled in this matter for Friday 8/23/02 at 9:00 in the morning in the chambers of the undersigned. ; Status hearing 8/23/02 at 9:00 in chambers (cc: all counsel) (LSD) (Entered: 08/13/2002)

ORDER by Mag Judge Thomas C. Mummert: On the Court's own motion and witht he consent of the parties ; jury trial to be reset at a later date, Pltf Martinez id ordered to either serve or dismiss all parties that have not been served. (See Court's Order of 08/13/2002) Pltf shall serve or dismiss these parties on or before 09/20/2002. Failure to do so will result in dismissal of the unserved parties by the Court Resp to court ddl 9/20/02 (cc: all counsel) (BDC) (Entered: 08/23/2002)

NOTICE OF PRIVATE PROCESS SERVER ; Process Server: Robert Anderson (BAK) (Entered: 08/27/2002)

Waiver of service issued as to defendant Firefighters Inst, defendant John Clark, defendant Stanley Newsome # of waivers issued: 3 (BAK)

ATTORNEY APPEARANCE for defendant John Clark, defendant Stanley Newsome by Nancy R. Kistler (LSD) (Entered: 09/11/2002)

ANSWER to First Amended Complaint by defendant John Clark, defendant Stanley Newsome to [21-1] (LSD) (Entered: 09/11/2002)

RETURN OF SERVICE executed upon defendant Firefighters Inst on 9/3/02 by personal service by serving Althea Johns, Registered Agent at the Address of 225 South Meremec Ave., St. Louis, MO 63105. (BDC) (Entered: 09/13/2002)

RETURN OF SERVICE executed upon defendant John Clark on 9/3/02 by personal service by serving Kathleen Sullivan at the Address of 1114 Market Street,Suite 703, St. Louis,MO 63101. (BDC) (Entered: 09/13/2002)

RETURN OF SERVICE executed upon defendant Stanley Newsome on 9/3/02 by personal service by serving Kathleen Sullivan at the Address of 1114 Market, Suite 703, St. Louis, MO 63101. (BDC) (Entered: 09/13/2002)

ATTORNEY APPEARANCE for plaintiff DOJ by Wesley D. Wedemeyer (LSD) (Entered: 09/16/2002)

MOTION by plaintiff Michael Martinez to file Second amended complaint (LSD) (Entered: 09/19/2002)

RULED DOCUMENT by Mag Judge Thomas C. Mummert granting motion to file Second amended complaint [42-1] (cc: all counsel) (LSD) (Entered: 09/19/2002)

AMENDED COMPLAINT by plaintiff Michael Martinez # Counts: 12 [21-1], [1-1] terminating defendant Eugene Stanton, defendant Joseph P. Hughes, defendant John H. Harvey, defendant Robert Anderson, defendant Daniel S. Austin, defendant William L. Young, defendant George Horne, defendant Charles Gay, defendant Wendell Goins, defendant Vernon Ammons, defendant Lawrence L. Britt, defendant George Redford Turner, defendant Robert Grady, defendant Robert Morgan, defendant George Baker, defendant Preston Sims, deft. Sherman George in his individual capacity only) plaintiff DOJ; adding DOJ as a deft (LSD) (Entered: 09/19/2002)

RETURN OF SERVICE executed upon plaintiff DOJ on Memo of counsel for the deft on 9/19/02. (BDC) (Entered: 09/20/2002)

NOTICE by plaintiff Michael Martinez to indicate the specific defts served and the specific defts that have been dismissed. (BDC)

TRACK INFORMATION STATEMENT filed by plaintiff DOJ track 2(standard) preferred (BDC) (Entered: 09/20/2002)

FULL CONSENT has been received as the consetn by the added party: plaintiff DOJ [0-0], [11-1], [0-0], [0-0] (BDC) (Entered: 09/20/2002)

ATTORNEY APPEARANCE for defendant Firefighters Inst by Althea P. Johns (BAK) (Entered: 09/24/2002)

TRACK INFORMATION STATEMENT filed by defendant Firefighters Inst track 2 preferred (BAK) (Entered: 09/24/2002)

ANSWER by defendant Firefighters Inst to [21-1] (BAK) (Entered: 09/25/2002)

MOTION by defendant DOJ for order to withdraw consent to magistrate judge (BAK)

ORDER by Mag Judge Thomas C. Mummert. The Court hereby recuses itself in the above matter. (cc: all counsel) (BAK) (Entered: 09/27/2002)

ORDER (JGW) Case reassigned to Honorable E. Richard Webber (cc: all counsel) (BAK) (Entered: 09/27/2002)

ATTORNEY APPEARANCE for defendant DOJ by Benjamin Blustein, Carolyn Clark (CQL) (Entered: 09/30/2002)

ORDER by Honorable Catherine D. Perry IT IS HEREBY ORDERED that deft's motion to consolidate #31 in cause #4:01CV580 is granted and these two cases (01cv1770 ERW) are consolidated for all purposes. FURTHER ORDERED that the case management orders previously entered are vacated. FURTHER ORDERED that the Clerk of Court shall transfer both these cases to the docket of the Hon. John F. Nanagle, Senior USDJ. granting motion to consolidate cases [31-1] 4:01-cv-580 with member cases 4:01-cv-1770 Case reassigned to Honorable John F. Nangle (cc: all counsel) (LSD) (Entered: 10/07/2002)

ORDER by Honorable John F. Nangle - IT IS HEREBY ORDERS the parties to provide copies of all pleadings filed in the instant consolidated cases to the Court in its Savannah, Georgia chambers via facimile ( if 30 pages ro less) or overnight mail (if more than 30 pages) on thedate tha such pleadings are filed. (cc: all counsel) (DLB) (Entered: 10/07/2002)

GENERIC SCHEDULING EVENT ; Jury Trial satisfied ; Pt Comp ddl satisfied ; Response to Court ddl satisfied ; Status Hearing satisfied (LSD)

NOTICE by plaintiff Michael Martinez in 4:01-cv-00580, plaintiff Eric Deeken in 4:01-cv-01770 of change of address of plaintiffs' attorney. (DLB) (Entered: 10/15/2002)

TELEPHONE CONFERENCE MINUTES: before Honorable John F. Nangle - conference held; order to issue. court reporter: n/a; proceedings started: - ended: (DLB) (Entered: 11/04/2002)

ORDER by Honorable John F. Nangle - The Court hereby ORDERS the condolidation of the above captioned cases for all purposes until further Order of this Court. The Court FURTHER ORDERS the parties jointly to submit a proposed scheduling order no later than Monday, 11/18/02, as discussed in the 11/1/02, telephone conference. ; Resp to court ddl 11/18/02 (cc: all counsel) (DLB) (Entered: 11/04/2002)

TELECONFERENCE MINUTES: before Honorable John F. Nangle - telephone conference held; court reporter: n/a; proceedings started: 11:30am - ended: 12:30pm (DLB) (Entered: 11/05/2002)

RESPONSE by plaintiff Eric Deeken in 4:01-cv-00580 to motion to dismiss plaintiff Deeken's first amended complaint and plaintiff Martinez's second amended complaint Date Motion Received: 12/23/02 [60-1] [60-1] (DLB) (Entered: 12/30/2002)

ORDER by Honorable John F. Nangle - The Court is in receipt of the parties' scheduling order. Having reviewed the proposed scheduling order, the Court has determined that before it enters a scheduling order int this case, it shall require the parties, JOINTLY to submit a comprehensive stipulation of facts as follows. The parties shall submit such stipulation to the Court no later than 4:00pm E.S.T. on Friday, 12/20/02... ; joint scheduling plan ddl 12/20/02 at 5:00pm (cc: all counsel) (DLB) (Entered: 11/22/2002)

MOTION by movant Lawrence B. Arens IV in 4:01-cv-00580, movant Mark D. Rauss in 4:01-cv-00580 to substitute intervenors (DLB) (Entered: 12/30/2002)

JOINT SUBMISSION OF FACTS IN COMPLIANCE WITH THE COURT'S ORDER OF NOVEMBER 21, 2002 fld by the parties. (DLB) (Entered: 12/30/2002)

STATEMENTS SETTING FORTH THE PORTIONS OF THE PRPOSED STIPULATION NOT STIPULATED WITH THE REASONS THEREFOR by defendant Firefighters Inst in 4:01-cv-00580 (DLB) Modified on 01/09/2003

STATEMENTS SETTING FORTH THE PORTIONS OF THE PROPOSED STIPULATIONS TO WHICH HE, IN GOOD FAITH, CANNOT STIPULATE AND THE REASONS THEREFORE by plaintiff Eric Deeken in 4:01-cv-00580 (DLB) Modified on 01/09/2003

WRITTEN STATEMENTS OF REASONS, IN GOOD FAITH, FOR NOT STIPULATING TO PARTICULAR PROPOSED STIPULATIONS by intervenor Joseph Blessing in 4:01-cv-00580, intervenor Michael Davis in 4:01-cv-00580 (DLB) Modified on 01/09/2003

RESPONSE by plaintiff Michael Martinez in 4:01-cv-00580 to motion to substitute intervenors [62-1] (DLB) (Entered: 12/30/2002)

ORDER by Honorable John F. Nangle granting motion to substitute intervenors [62-1] in 4:01-cv-00580, granting motion to dismiss plaintiff Deeken's first amended complaint and plaintiff Martinez's second amended complaint Date Motion Received: 12/23/02 [60-1] [60-1] in 4:01-cv-00580, terminating notice of motion motion Notice of Motion: motion to dismiss [28-1] in 4:01-cv-01770 (cc: all counsel) (DLB) (Entered: 12/31/2002)

MOTION by plaintiff Eric Deeken in 4:01-cv-00580 to amend gernal schedule and extend time within which to file rebuttal expert witness reports. (DLB) Modified on 01/15/2003 (Entered: 01/15/2003)

ORDER by Honorable John F. Nangle granting motion to amend gernal schedule and extend time within which to file rebuttal expert witness reports. [66-1] in 4:01-cv-00580. Upon the agreemetn of the parties, it is hereby ordered that the General Schedule be amended to extend the time to file rebuttal expert witness reports until 1/22/03. (cc: all counsel) (DLB) (Entered: 01/15/2003)

ENDORSEMENT OF ITS EXPERT ON ISSUES OF ATTAINMENT OF LONG-TERM GOAL OF PARTIAL CONSENT DECREE by defendant in 4:01-cv-00580 (DLB) (Entered: 01/27/2003)

MOTION by plaintiff Michael Martinez in 4:01-cv-00580 to dissolve partial consent decree w/memorandum in support and exhibits A,B,C attached. (DLB) (Entered: 02/11/2003)

MOTION by plaintiff DOJ in 4:01-cv-00580 to modify the consent decree and nunc pro tunc order w/memorandum in support, exhibits and proposed order attached. PLACED IN EXPANSION FOLDER (DLB) (Entered: 02/18/2003)

MOTION by intervenor Joseph Blessing in 4:01-cv-00580, intervenor Michael Davis in 4:01-cv-00580 to dissolve partial consent decree w/memorandum in support attached. (DLB) (Entered: 02/18/2003)

REPLY MEMORNDUM by plaintiff Eric Deeken in 4:01-cv-00580 in support of his summary judgment motion to dissolve the consent decree and to declare it unconstitutional and void [72-1] (DLB) (Entered: 04/09/2003)

REQUEST by plaintiff DOJ in 4:01-cv-00580 for hearing (DLB) (Entered: 02/18/2003)

ORDER by Honorable John F. Nangle ; In-court hearing set for 3/17/03 at 10:00am (cc: all counsel) (DLB) (Entered: 02/18/2003)

RESPONSE by plaintiff USA in 4:01-cv-00580 to motion to dissolve partial consent decree [71-1], to motion to dissolve partial consent decree [69-1], and opposition to plaintiff Deeken's partial summary judgment motion to declare the partial consent decree unconstitutional and void. (DLB) (Entered: 03/10/2003)

RESPONSE by defendant St. Louis, City of in 4:01-cv-00580 to motion of Michael Martinez to dissolve partial consent decree [71-1], and motion of intervenors to join motion of plaintiff Michael Martinez to dissolve partial consent decree [69-1] (DLB) (Entered: 03/10/2003)

MOTION by defendant Firefighters Inst in 4:01-cv-00580 for leave to file out of time w/expert submission on adverse impact and memorandum in opposition to dissolution and/or partial dissolution fo the consent decree attached. (DLB) (Entered: 03/10/2003)

MOTION HEARING MINUTES: before Honorable John F. Nangle ; In-court hearing held on plaintiff's motion to partially dissolve consent decree; arguments made; order to issue court reporter: Teri Hopwood; proceedings started: 10:04am - ended: 1:04pm (DLB) (Entered: 03/19/2003)

ORDER by Honorable John F. Nangle granting motion for leave to file out of time [77-1] in 4:01-cv-00580. The Court hereby ORDERS the City of St. Louis City to provide the Court for in camera inspection a copy of the written portion of the 2001 test given to applicants for the position of probationary fire private. The Court shall retain such copy in camera until further Order of this Court. The City shall provide a copy of such test to the Court in its Savannah, Georgia, chambers within 15 days of the date of this Order. The Court hereby ORDERS all parties to brief the issue of what geographic area should be used for the purpose of determining the number of blacks and whites living and working therein. Such briefs shall be filed within 15 days of the date of this Order. (cc: all counsel) (DLB) (Entered: 03/20/2003)

EXPERT SUBMISSION on Adverse Impact by defendant Firefighters Inst in 4:01-cv-00580 (DLB)

MEMORANDUM RESPONSE to court's order by plaintiff Michael Martinez in 4:01-cv-00580 [79-1], [78-1] (DLB) (Entered: 03/25/2003)

RESPONSE by defendant Firefighters Inst in 4:01-cv-00580 to motion for partial summary judgment Date Motion Received: May 12, 2003 [81-1] [81-1] (DLB) (Entered: 05/13/2003)

BRIEF OF THE ISSUED OF GEOGRAPHIC AREA TO BE USED AS RELEVANT LABOR MARKET FOR COMPARISON WITH RACIAL COMPOSITION OF FIRE PRIVATE RANK submitted by plaintiff DOJ in 4:01-cv-00580 (DLB) (Entered: 04/07/2003)

MEMORANDUM REGARDING THE APPROPRIATE GEOGRAPHIC AREA by intervenor Joseph Blessing in 4:01-cv-00580, intervenor Michael Davis in 4:01-cv-00580 (DLB) (Entered: 04/07/2003)

MEMORANDUM OF LAW REGARDING THE APPROPRIATE GEOGRAPHICAL AREA TO BE USED FOR THE PURPOSES OF DETERMINING THE NUMBER OF BLACKS AND WHITES LIVING AND WORKING THEREIN by plaintiff Eric Deeken in 4:01-cv-00580 (DLB) (Entered: 04/07/2003)

BRIEF ON THE ISSUE OF GEOGRAPHIC AREA TO BE USED AS RELEVANT LABOR MARKET FOR COMPARISON WITH RACIAL COMPOSITION OF FIRE PRIVATE RANK submitted by plaintiff USA in 4:01-cv-00580 re: order [79-1] (DLB) (Entered: 04/09/2003)

MEMORNADUN IN RESPONSE to court order of March 20, 2003 by defendant St. Louis, City of in 4:01-cv-00580 [79-1] (DLB) (Entered: 04/09/2003)

MEMORANDUM REGARDING TEH APPROPRIATE GEOGRAPHIC AREA TO BE CONSIDERED by defendant Firefighters Inst in 4:01-cv-00580 re: order [79-1] (DLB) (Entered: 04/09/2003)

MOTION by defendant Firefighters Inst in 4:01-cv-00580 for summary judgment w/memorandum in support attached. (DLB) (Entered: 04/09/2003)