Case: Jordan v. Pugh

Jordan v. FPB

U.S. Court of Appeals for the Tenth Circuit

Jordan v. FBP

MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (gms) (Entered: 06/28/2002)

ORDER Directing Clerk to Commence Civil Action and Directing Pla to Cure Deficiency. Pla has 30 days to file motion to proceed Under 28 U.S.C. 1915 [1-1] on the proper form with a cert copy of trust fund stmt and a complaint on the proper form with names in the caption that match the names in the text. (cc: all counsel) ; entry date : 6/28/02 (gms) (Entered: 06/28/2002)

COMPLAINT (gms) (Entered: 06/28/2002)

AMENDED COMPLAINT [3-1] by plaintiff (former empl) (Entered: 07/30/2002)

MOTION by plaintiff to proceed Under 28 U.S.C. 1915 (former empl) (Entered: 07/30/2002)

ORDER by Magistrate Judge O. E. Schlatter granting motion to proceed Under 28 U.S.C. 1915 [5-1] w/$40.00 initial partial filing fee due w/in 30 days and mthly pymnts to follow (cc: all counsel) ; entry date : 7/31/02 (former empl) (Entered: 07/31/2002)

PAYMENT received in amount of $ 40.00 Receipt number 237224 from Mark Jordan re: initial partial filing fee (former empl) (Entered: 08/26/2002)

MOTION by plaintiff to amend complaint [4-1] (former empl) (Entered: 09/05/2002)

Tendered Amended Complaint submitted by plaintiff re: motion to amend complaint [4-1] [8-1] (former empl)

ORDER to Dismiss in Part and to Assign Case to a District Judge and to a Magistrate Judge by Judge Zita L. Weinshienk denying motion to amend complaint [4-1] [8-1] as unnecessary; dismissing Dfts Kathleen Hawk-Sawyer, Robert A. Hood, T.G. Werlich and B. Sellers; claims against Dfts Michael V. Pugh, J. York and R.E. Derr shall be assigned to Judge Krieger and Mag Judge Coan (cc: all counsel) ; entry date : 9/13/02 (former empl) (Entered: 09/13/2002)

NOTICE to plaintiff, defendant re: Scheduling order Case reassigned to Judge Marcia S. Krieger [0-0] (erv) (Entered: 09/17/2002)

PAYMENT received in amount of $ 20.00 Receipt number 237932] from Mark Jordan re: fees (erv) (Entered: 09/23/2002)

ORDER Granting Service by the United States Marshal by Judge Marcia S. Krieger (cc: all counsel) ; entry date : 9/23/02 (erv) (Entered: 09/23/2002)

NOTICE of Availability of A United States Magistrate Judge signed by plaintiff Mark Jordan (erv) (Entered: 10/04/2002)

MOTION by plaintiff Mark Jordan for leave to file a Second amended complaint [3-1], and for an order Granting service (erv) (Entered: 10/15/2002)

Tendered Pla's Second Amended Cmp submitted by plaintiff Mark Jordan re: motion for leave to file a Second amended complaint [3-1] [14-1] (erv)

ORDER R16,stat,stlmt,pt,mtnrec,pto Case referred to Magistrate Judge Patricia A. Coan referring the Pla's motion leave to file a Second amended complaint [3-1] [14-1], referring the motion for an order Granting service [14-2] by Judge Marcia S. Krieger (cc: to counsel) (erv) (Entered: 10/23/2002)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant R. E. Derr, defendant R. (I) E. Derr signed on 10/17/02 ; by Richard Derr (erv) (Entered: 10/23/2002)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant J. (I) York, defendant J. York signed on 10/8/02 ; by Jeff York (erv) (Entered: 10/23/2002)

MEMORANDUM by Judge Marcia S. Krieger referring the Pla's motion for leave to file a Second amended complaint [3-1] [14-1], regarding [14-2] motion for an order Granting service (erv) (Entered: 10/24/2002)

RETURN OF SERVICE of Summons and Complaint upon defendant Michael (I) V. Pugh, defendant Michael V. Pugh on 10/7/02 by leaving with: Alicia Vasquez (erv) (Entered: 10/24/2002)

PAYMENT received in amount of $ 25.00 Receipt number 238961 from Mark Jordan re: fees (erv) (Entered: 11/06/2002)

PAYMENT received in amount of $ 10.00 Receipt number 238960] from Mark Jordan re: fees (erv) (Entered: 11/06/2002)

MOTION by defendant J. (I) York, defendant J. York, defendant R. E. Derr, defendant R. (I) E. Derr for order to consolidate response time to the complaint and extend response time to the complaint to and incl 1/6/03 (erv) (Entered: 01/10/2003)

PAYMENT received in amount of $ 25.00 Receipt number 240083 from Mark Jordan re: fees (erv) (Entered: 12/20/2002)

MOTION by Dfts' to dismiss Pla's Amende Complaint (erv) (Entered: 12/20/2002)

Minute ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan. Dfts to respond to pla's motion for leave to file 2nd amended complaint, and motion for order granting complaint are due 1/10/03 ; Rule 16 conference set for 9:30 1/30/03 (cc: all counsel) (gms) (Entered: 12/31/2002)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Dfts motion to dismiss Pla's Amended Complaint [24-1] (erv) (Entered: 01/03/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding Dfts [24-1] motion to dismiss Pla's Amended Complaint; Pla's response is due on or before 1/17/03 (cc: all counsel) ; entry date : 1/6/03 (erv) (Entered: 01/06/2003)

RESPONSE by defendant to (erv) (Entered: 01/09/2003)

RESPONSE by defendants to pla's notice or alternatively motion to withdraw motion to file second amended complaint and tendered second amended complaint (re: motion for leave to file a Second amended complaint [3-1] [14-1], motion for an order Granting service [14-2]) (gms) (Entered: 01/09/2003)

ORDER by Judge Marcia S. Krieger granting dft's motion to consolidate response time to the complaint [22-1] & to extend response time to the complaint [22-2] to 1/10/03 (cc: all counsel) ; entry date : 1/9/03 (gms) (Entered: 01/09/2003)

MOTION by plaintiff Mark Jordan for leave to file a second amended complaint [3-1] and an Order directing service of summons and complaint (erv) (Entered: 01/13/2003)

NOTICE by plaintiff Mark Jordan re: motion for leave to file a second amended complaint [3-1] and an Order directing service of summons and complaint [31-1] (erv) (Entered: 01/13/2003)

Tendered Pla's Second Amd Cmp submitted by plaintiff Mark Jordan re: motion for leave to file a second amended complaint [3-1] and an Order directing service of summons and complaint [31-1] (erv)

Original NOTICE by plaintiff Mark Jordan re: motion for leave to file a second amended complaint [3-1] and an Order service of summons and complaint [31-1] (erv) (Entered: 01/14/2003)

RESPONSE by plaintiff Mark Jordan to Dfts motion to dismiss Pla's Amende Complaint [24-1] (erv) (Entered: 01/14/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding Pla's [31-1] motion for leave to file a second amended complaint [3-1] and an Order directing service of summons and complaint; It is hereby ORDERED that Dfts response is due on or before 2/6/03 (cc: all counsel) ; entry date : 1/17/03 (erv) (Entered: 01/17/2003)

FINAL PAYMENT received in amount of $ 30.00 Receipt number 240772 from Mark Jordan re: payment on filing fee (pap) (Entered: 01/24/2003)

RESPONSE by defendant Michael (I) V. Pugh, defendant Michael V. Pugh, defendant J. (I) York, defendant J. York to motion for leave to file a second amended complaint [3-1] and an Order directing service of summons and complaint [31-1] (erv) (Entered: 01/30/2003)

COURTROOM MINUTES of Status/Scheduling Conf by Magistrate Judge Patricia A. Coan ; rule 16 conf held on 1/30/03 ; disp mtn ddl set 5/1/03 DENYING as MOOT, Pla's motion for leave to file a Second amended complaint [3-1] [14-1], DENYING as MOOT, Pla's motion for an order Granting service [14-2], GRANTING Pla's motion for leave to file second amended complaint [3-1] and an Order directing service of summons and complaint [31-1], GRANTING notice [33-1] ; entry date : 2/3/03 Court Reporter: PAV Civil 2003-6 (erv) (Entered: 02/03/2003)

AMENDED COMPLAINT [4-1] by plaintiff Mark Jordan; adding defendant B. Sellers, Stanley Rowlett (erv) (Entered: 02/05/2003)

ORDER Granting Service by the United States Marshal's Office by Magistrate Judge Patricia A. Coan (cc: all counsel) ; entry date : 2/10/03 (erv) (Entered: 02/10/2003)

MOTION by defendant Michael (I) V. Pugh, defendant Michael V. Pugh, defendant J. (I) York, defendant J. York, defendant B. Sellers, defendant Stanley Rowlett for order to consolidate and extend response time to and incl 4/20/03 (erv) (Entered: 03/05/2003)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Dfts motion for order to consolidate and extend response time to and incl 4/20/03 [41-1] (erv) (Entered: 03/10/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting Dfts motion for order to consolidate and extend response time to and incl 4/20/03 [41-1] (cc: all counsel) ; entry date : 3/10/03 (erv) (Entered: 03/10/2003)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Stanley Rowlett signed on 3/4/03 ; by Stanley Rowlett (erv) (Entered: 03/10/2003)

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant B. Sellers signed on 2/18/03 ; by Barbara Sellers (erv) (Entered: 03/10/2003)

ATTORNEY APPEARANCE for defendants by Michael C. Johnson (gms) (Entered: 03/20/2003)

MOTION by defendant Michael (I) V. Pugh, defendant Michael V. Pugh, defendant J. (I) York, defendant J. York, defendant R. E. Derr, defendant R. (I) E. Derr, defendant B. Sellers, defendant Stanley Rowlett to dismiss, or in the alternative for summary judgment (erv) (Entered: 04/22/2003)

MOTION by plaintiff Mark Jordan to extend response time to and incl 6/13/03 (erv) (Entered: 04/30/2003)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Pla's motion to extend response time to and incl 6/13/03 [48-1] (erv) (Entered: 05/01/2003)

MAGISTRATE'S RECOMMENDATION that Dfts Motion to Dismiss Pla's Amd Cmp be DENIED as MOOT by Magistrate Judge Patricia A. Coan concerning motion to dismiss Pla's Amende Complaint [24-1] ; to motion to dismiss Pla's Amende Complaint [24-1] (cc: all counsel) ; entry date : 5/2/03 (erv) (Entered: 05/02/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting Pla's motion to extend response time to and incl 6/13/03 [48-1] (cc: all counsel) ; entry date : 5/5/03 (erv) (Entered: 05/05/2003)

RESPONSE by plaintiff Mark Jordan to Dfts motion to dismiss or in the alternative Motion for Sum Jgm [47-1] (erv) (Entered: 05/16/2003)

MOTION by plaintiff Mark Jordan for summary judgment (erv) (Entered: 05/21/2003)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Pla's motion for summary judgment [53-1] (erv) (Entered: 05/22/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan regarding Pla's [53-1] motion for summary judgment; Dfts response is due on or before 6/25/03 (cc: all counsel) ; entry date : 5/30/03 (erv) (Entered: 05/30/2003)

MOTION by Dfts' to extend time to file Reply to Pla's response to Dfts Motion to Dismiss or in the alternative, motion for sum jgm to and incl 6/6/03 (erv) (Entered: 06/04/2003)

MOTION by Dfts' for a second extension of time to file reply to Pla's Resp to Dfts Motion to Dismiss or in the alternative motion for sum jgm to and incl 6/12/03 (erv) Modified on 06/09/2003 (Entered: 06/09/2003)

ORDER by Judge Marcia S. Krieger granting motion for a second extension of time to file reply to Pla's Resp to Dfts Motion to Dismiss or in the alternative motion for sum jgm to and incl 6/12/03 [57-1]; No Further extensions will be Granted (cc: all counsel) ; entry date 6/11/03 (erv) (Entered: 06/11/2003)

REPLY by Dfts' to Pla's response to motion to dismiss [47-1], or in the alternative motion for summary judgment [47-2] (erv) (Entered: 06/13/2003)

ORDER by Judge Marcia S. Krieger DENYING as MOOT Dfts Motion to extend time to file Reply to Pla's response to Dfts Motion to Dismiss or in the alternative, motion for sum jgm to and incl 6/6/03 [56-1] (cc: all counsel) ; entry date : (erv) (Entered: 06/16/2003)

MOTION by defendants for extension of time to file opposition to pla's cross-motion for sum jgm to 7/3/03 (gms) (Entered: 06/25/2003)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the motion for extension of time to file opposition to pla's cross-motion for sum jgm to 7/3/03 [61-1] (gms) (Entered: 06/26/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan granting motion for extension of time to file opposition to pla's cross-motion for sum jgm to 7/3/03 [61-1], regarding [53-1] motion for summary judgment (cc: all counsel) ; entry date : 6/27/03 (former empl) (Entered: 06/27/2003)

Second MOTION by Dfts' to extend time to file Opposition to Pla's Cross-Motion for Sum Jgm to incl 7/10/03 (erv) (Entered: 07/07/2003)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Dfts Second motion to extend to file Opposition to Pla's Cross-Motion for Sum Jgm to 7/10/03 [64-1] (erv) (Entered: 07/08/2003)

RESPONSE in Opposition by Dfts' to Pla's Cross- motion for summary judgment [53-1] (erv) (Entered: 07/11/2003)

MINUTE ORDER : by Magistrate Judge Patricia A. Coan GRANTING Dfts Second motion to extend time to file Opposition to Pla's Cross-Motion for Sum Jgm to incl 7/10/03 [64-1] (cc: all counsel) ; entry date : 7/15/03 (erv) (Entered: 07/15/2003)

ORDER by Judge Marcia S. Krieger adopting [50-1] - Magistrate's Recommendation and denying dfts' motion to dismiss Pla's Amended Complaint [24-1] as moot (cc: all counsel) ; entry date : 7/23/03 (gms) (Entered: 07/23/2003)

REPLY by plaintiff Mark Jordan to Dfts response to Pla's Cross motion for summary judgment [53-1] (erv) (Entered: 07/30/2003)

MEMORANDUM by Judge Marcia S. Krieger referring to Magistrate Judge Patricia A. Coan the Dfts motion to dismiss [47-1], referring to Magistrate Judge Patricia A. Coan motion for summary judgment [47-2] (erv) (Entered: 11/28/2003)

MAGISTRATE'S RECOMMENDATION that Dfts' Motion to Dismiss or, in the Alternative for Sum Jgm be DENIED, it is Further Recommended that Pla's Motion for Sum Jgm be DENIED by Magistrate Judge Patricia A. Coan concerning motion for summary judgment [53-1], motion to dismiss [47-1], motion for summary judgment [47-2] ; (cc: all counsel) ; entry date : 12/15/03 (erv) (Entered: 12/15/2003)

MOTION by Dfts' to extend Time to fle Objections to Report and Recommendation to and incl 1/9/04 (erv) (Entered: 12/22/2003)

ORDER by Judge Marcia S. Krieger granting dft's motion to extend Time to fle Objections to Report and Recommendation to and incl 1/9/04 [72-1], regarding [71-1] MAGISTRATE'S RECOMMENDATION that Dfts' Motion to Dismiss or, in the Alternative for Sum Jgm be DENIED, it is Further Recommended that Pla's Motion for Sum Jgm be DENIED (cc: all counsel) ; entry date : 12/29/03 (dlb) (Entered: 12/29/2003)

RESPONSE by plaintiff Mark Jordan to dft's motion to extend Time to fle Objections to Report and Recommendation to and incl 1/9/04 [72-1] (dlb) (Entered: 12/29/2003)

MOTION by plaintiff Mark Jordan to extend time to 1/14/04 to file objections to magistrate's recommendation (dlb) (Entered: 12/29/2003)

OBJECTIONS by plaintiff Mark Jordan to Magistrate's Recommendation [71-1] dated 12/12/03 re: pla's cross-mtn for sum jgm be denied and grant sum jgm in favor of pla (dlb) (Entered: 01/06/2004)

ORDER by Judge Marcia S. Krieger denying as moot pla's motion to extend time to 1/14/04 to file objections to magistrate's recommendation [75-1] (cc: all counsel) ; entry date : 1/9/04 (dlb) (Entered: 01/09/2004)

OBJECTIONS by defendants to Magistrate's Recommendation [71-1] re: dfts are entitled to qualified immunity (dlb) (Entered: 01/12/2004)

RESPONSE by plaintiff Mark Jordan to dft's objection [78-1] re: MAGISTRATE'S RECOMMENDATION that Dfts' Motion to Dismiss or, in the Alternative for Sum Jgm be DENIED, it is Further Recommended that Pla's Motion for Sum Jgm be DENIED [71-1] (dlb) (Entered: 01/27/2004)

MOTION by Dfts' Michael V. Pugh, J. York, R. E. Derr, B. Sellers, Stanley Rowlett to extend time to file reply to Pla's Resp to Obj to Mag Rec and Pla's Obj to Report and Rec to and incl 2/20/04 (erv) (Entered: 02/17/2004)

ORDER by Judge Marcia S. Krieger granting Dfts' motion to extend time to file reply to Pla's Resp to Obj to Mag Rec and Pla's Obj to Report and Rec to and incl 2/20/04 [80-1] No replies to objections to the report shall be filed(cc: all counsel) ; entry date : 2/18/04 (erv) (Entered: 02/18/2004)

RESPONSE by defendants' to objections to Magistrate's Recommendation [71-1] (erv) (Entered: 02/24/2004)

MOTION by defendants' to extend time for one day to file reply to Pla's response to Obj to Mag Rec (erv) (Entered: 02/25/2004)

ORDER by Judge Marcia S. Krieger granting Dfts' motion to extend time for one day to file reply to Pla's response to Obj to Mag Rec [83-1] Nunc Pro Tunc 2/23/04 (cc: all counsel) ; entry date : 2/26/04 (erv) (Entered: 02/26/2004)

ORDER by Judge Marcia S. Krieger granting in part and denying in part dfts' motion to dismiss [47-1] or for summary judgment [47-2], granting in part and denying in part pla's motion for summary judgment [53-1]. Sum Jgm shall enter in favor of dfts on pla's claim 1. Determination of pla's claim 2 is bifurcated from claims 3 and 4. Determination of claims 3 and 4 shall be made after claim 2. Trial will be held to determine disputed facts re: claim 2. Dfts are entitled to qualified immunity on pla's request for monetary relief as to all claims. [71-1] - Magistrate's Recommendation is disposed of ; Law and motion hearing/in court hrg set for 8:00 3/19/04, (cc: all counsel) ; entry date : 3/5/04 (gms) (Entered: 03/05/2004)

JUDGMENT: by Judge Krieger regarding [85-3] order Judgment is entered pursuant to FRCP 54(b) in favor of dfts and against pla on claim 1 and jgm is entered in favor of dfts and against pla on their defense of qualified immunity as to all claims (cc: all counsel) ; entry date : 3/5/04 (gms) (Entered: 03/05/2004)

NOTICE OF APPEAL by plaintiff in re: judgment [86-1] of 3/5/04 ; Notice mailed to all counsel on 3/17/04 Fee Status: 1915 motion pending (gms) (Entered: 03/17/2004)

MOTION by plaintiff for leave to appeal Under 28 U.S.C. 1915 (gms) (Entered: 03/17/2004)

NOTIFICATION by Circuit Court of assignment of Case No. [87-1] 04-1095 (gms) (Entered: 03/18/2004)

ORDER by Judge Marcia S. Krieger (re appeal [87-1] ) granting appellant leave to appeal Under 28 U.S.C. 1915 Pla to make initial partial payment of $55.000 w/in 30 days and monthly payments thereafter. (Court of Appeals notified) (cc: all counsel) (gms) (Entered: 03/19/2004)

COURTROOM MINUTES trial setting by Judge Marcia S. Krieger ; in court hrg held 3/19/04 ; this matter is stayed pending a determination on the pla's appeal ; entry date : 3/22/04 Court Reporter: Paul Zuckerman (erv) (Entered: 03/22/2004)

Copy of LETTER (Re: [87-1]) from USCA to appellant regarding the briefing sched (msn) (Entered: 03/24/2004)

$55.00 initial partial payment paid. Receipt No 251036. Court of Appeals Notified. appeal [87-1] (msn) (Entered: 04/09/2004)

$12.00 monthly payment made. Receipt No 252398. Court of Appeals Notified. appeal [87-1] (msn) (Entered: 06/14/2004)

NOTICE of Change of address of plaintiff (gms) (Entered: 06/16/2004)

RECORD on Appeal consisting of Volumes I transmitted to the Court of Appeals(appeal [87-1] ) (gms) (Entered: 06/18/2004)

$10.00 monthly payment made. Receipt No 252924. Court of Appeals Notified. appeal [87-1] (msn) (Entered: 07/08/2004)