Case: Johnson v. Tulsa, Okla.

Johnson v. City of Tulsa

Johnson v. City of Tulsa

Johnson v. City of Tulsa

U.S. Court of Appeals for the Tenth Circuit

Johnson v. City of Tulsa

Johnson v. City of Tulsa

Johnson v. City of Tulsa

U.S. Court of Appeals for the Tenth Circuit

COMPLAINT (Summons(es) issued); Consent form sent (ksb, Dpty Clk) (Entered: 01/18/1994)

RETURN OF SERVICE executed upon defendant Tulsa, City of on 1/21/94 by cert mail. (fe, Dpty Clk)

MOTION by defendant Tulsa, City of to extend time to answer.(O2J) (fe, Dpty Clk) (Entered: 02/16/1994)

ORDER by Chief Judge James O. Ellison; granting motion to extend time to answer [2-1]l. Deft is given until 2/25/94. (cc: mvnt counsel) (fe, Dpty Clk) (Entered: 02/17/1994)

ANSWER by defendant Tulsa, City of to [1-1]. (fe, Dpty Clk) (Entered: 02/25/1994)

MINUTE ORDER: CASE MGMT/STATUS HRG set for 1:50 4/15/94 before Magistrate John L. Wagner (cc: all counsel) (bjm, Dpty Clk)

CASE MANAGEMENT PLAN Received. (to file) (fe, Dpty Clk)

SCHEDULING ORDER Magistrate John L. Wagner motion filing ddl set for 10/14/94 discovery due 10/3/94 proposed pretrial order due 11/25/94 ; PRETRIAL CONF set for 11:00 12/2/94 ; JURY TRIAL set for 9:30 1/17/95; ETT 3 days. (sjm, Dpty Clk) (Entered: 04/15/1994)

MINUTES: by Magistrate John L. Wagner ; Status hearing held 4/15/94; schedo entered; sett conf req after 5/15/94; no to adj. (sjm, Dpty Clk)

ORDER by Magistrate Jeffrey S. Wolfe SETTLMT CONF set for 1:30 6/27/94 before Magistrate Jeffrey S. Wolfe; stmts due 6/20/94. (JSW-MJ) (cc: all counsel) (fe, Dpty Clk) (Entered: 04/18/1994)

MOTION by plaintiff Roy C Johnson to extend time to file witness list.(O2J) (fe, Dpty Clk) (Entered: 06/01/1994)

ORDER by Chief Judge James O. Ellison; granting motion to extend time to file witness list [7-1]. Pltf is given until 6/16/94. (cc: mvnt counsel) (fe, Dpty Clk) (Entered: 06/06/1994)

JOINT MOTION by plaintiff Roy C Johnson, defendant Tulsa, City of to extend time to file witn lists(O2J) (djh, Dpty Clk) (Entered: 06/17/1994)

MINUTE ORDER: Case is transferred to the docket of and reassigned to Judge Terry C. Kern from Chief Judge James O. Ellison ; HEREAFTER, the case will be referred to as the New Case Number 94-C-39-K and all files should be marked accordingly.(JOE-J) (cc: all counsel) (djh, Dpty Clk)

ORDER by Judge Terry C. Kern; granting motion to extend time to file witn lists [9-1]. Ptys are given until 6/23/94. (cc: all counsel) (fe, Dpty Clk) (Entered: 06/22/1994)

WITNESS list by defendant Tulsa, City of (pll, Dpty Clk) (Entered: 06/23/1994)

MOTION by defendant Tulsa, City of for leave to appear w/ rep having ltd auth at stlmnt conf -o2jsw (pll, Dpty Clk) (Entered: 06/23/1994)

WITNESS list by plaintiff Roy C Johnson (pll, Dpty Clk) (Entered: 06/24/1994)

MINUTE ORDER: finding the motion for leave to appear w/ rep having ltd auth at stlmnt conf [12-1] moot as settlement conf was held. (cc: all counsel) (fe, Dpty Clk)

ORDER by Judge Terry C. Kern; Discovery ddl; Motion filing ddl; Pretrial order ddl; Pretrial conference; Jury trial all strickeni. CASE STAYED in order to facilitate the settlement process. (cc: all counsel) (fe, Dpty Clk) (Entered: 07/05/1994)

MOTION by plaintiff Roy C Johnson to withdraw attorney Guinise M Marshall -o2j (pll, Dpty Clk) (Entered: 08/09/1994)

ORDER by Judge Terry C. Kern granting motion to withdraw attorney Guinise M Marshall [15-1] (cc: mvt counsel) (pll, Dpty Clk) (Entered: 08/23/1994)

MINUTE ORDER: Case transferred and reassigned to Judge Sven E. Holmes from the docket of Judge Terry Kern. Hereafter, the case will be referred to with the new case number, 94cv39-H and all files should be marked accordingly. (TCK) (cc: all counsel) (pll, Dpty Clk)

MINUTE ORDER: This case is hereby transferred and reassigned from Magistrate Judge Wagner to Magistrate Judge Frank McCarthy under the supervision of the assigned district judge for all further proceedings in accordance with their jurisdiction pursuant to FRCP. (TRB-J) (cc: all counsel) (lmc, Dpty Clk)

MINUTE ORDER: IT IS ORDERED THAT this case was stayed on July 1, 1994, to facilitate the parties' settlement negotiations. The Court has not received any indication as to the status of such settlement negotiations. The parties are asked to submit a joint status report within 14 days. (SEH-J) (cc: all counsel) (lmc, Dpty Clk)

Joint STATUS REPORT by plaintiff Roy C Johnson, defendant Tulsa, City of (lmc, Dpty Clk) (Entered: 05/31/1995)

MINUTE ORDER: It is hereby ordered that a STATUS HRG is set for 2:30 p.m. on 2/14/96 before Judge Holmes.(SEH-J) (cc: all counsel) (djh, Dpty Clk)

MOTION by defendant Tulsa, City of to withdraw attorney Robert H. Garner (O2Jbycnsl) (fe, Dpty Clk) (Entered: 02/14/1996)

ATTORNEY APPEARANCE for defendant Tulsa, City of by Paul F Prather (fe, Dpty Clk) (Entered: 02/14/1996)

ATTORNEY APPEARANCE for defendant Tulsa, City of by Ellen R Hinchee (fe, Dpty Clk) (Entered: 02/14/1996)

ORDER by Judge Sven Erik Holmes granting motion to withdraw attorney Robert H. Garner [18-1] for Tulsa, City of (cc: mvt counsel) (fe, Dpty Clk) (Entered: 02/15/1996)

STANDARD SCHEDULING ORDER by Judge Sven Erik Holmes: mot/lim due 8/1/96; discovery due 7/1/96; proposed pretrial order due 9/6/96; PRETRIAL CONF set for 3:30 p.m. on 9/13/96 ; JURY TRIAL set for 9:30 a.m. on 10/21/96 before Judge Holmes.(See Ord for frthr ddls) (cc: all counsel) (djh, Dpty Clk) (Entered: 02/15/1996)

MINUTES: by Judge Sven Erik Holmes ; Status hearing held 2/14/96, Discussion re: Status/case and stay is lifted ; Sched ord entered. (G. Dorrough-Ct rptr) (djh, Dpty Clk) Modified on 02/26/1996

ORDER by Magistrate John L. Wagner SETTLMT CONF set for 1:30 7/25/96 before Magistrate John L. Wagner (cc: all counsel) (sjm, Dpty Clk) (Entered: 02/29/1996)

MOTION w/ brf by plaintiff Roy C Johnson to certify class action, or, in the alternative, for joinder of addl parties (o2lc) (mail cpy rtrnd) (seal, Dpty Clk) (Entered: 05/02/1996)

MOTION by plaintiff Roy C Johnson to extend ddl to join addl parties, or to amend complaint (o2lc) (mail cpy rtrnd) (seal, Dpty Clk) (Entered: 05/02/1996)

RESPONSE by defendant Tulsa, City of to motion to certify class action [24-1], to motion for joinder of addl parties [24-2] (pll, Dpty Clk) (Entered: 05/28/1996)

WITNESS list by defendant Tulsa, City of (fe, Dpty Clk) (Entered: 06/04/1996)

...MOTION by plaintiff Roy C Johnson to change rply ddl re motion for clas action or to join addl parties (o2j) (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 06/05/1996)

MOTION by plaintiff Roy C Johnson to change rply to motion for class action or joinder of addl parties (o2j) (fe, Dpty Clk) (Entered: 06/17/1996)

MINUTE ORDER: It is ordered that plaintiff's motion to change reply deadline to his motion for class action or joinder of additional parties [29-1] and motion to certify class action [24-1], [24-2] is granted; reply deadline extended to 6/18/96 (SEH-J) (cc: all counsel) (fe, Dpty Clk)

MOTION by defendant Tulsa, City of, plaintiff Roy C Johnson to amend scheduling order ddls (o2j) (fe, Dpty Clk) (Entered: 06/18/1996)

REPLY by plaintiff Roy C Johnson to dfdt's response to pla's motion to certify class action [24-1] or for joinder of addl parties [24-2] (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 06/19/1996)

MINUTE ORDER: It is ordered that plaintiff's motion to change reply deadline regarding its motion for class action or to join additional parties [28-1] is granted; setting reply deadline to motion to certify class action [24-1] and for joinder of additional parties [24-2] to: 6/14/96 (SEH-J) (cc: all counsel) (fe, Dpty Clk)

MINUTE ORDER: It is ordered that the joint motion to amend scheduling order deadlines [30-1] is granted; present scheduling order deadlines are stricken ; the Court will reschedule a status conference for the purpose of setting future scheduling deadlines and notify the parties of the date for such conference (SEH-J) (cc: all counsel) (fe, Dpty Clk)

MINUTE ORDER: It is hereby ordered that a Motion to certify class action [24-1] HRG is set for 1:15 p.m. on 8/5/96 before Judge Holmes. (cc: all counsel) (djh, Dpty Clk)

MOTION by defendant Tulsa, City of, plaintiff Roy C Johnson to continue settlement conf (o2jlw) (fe, Dpty Clk) (Entered: 07/01/1996)

MINUTE ORDER: referring to Magistrate John L. Wagner the motion to continue settlement conf [32-1] (fe, Dpty Clk)

ORDER by Magistrate John L. Wagner granting the joint motion to continue settlement conf [32-1]; the court will reschedule a settlement conference upon the joint application of the parties (cc: all counsel) (fe, Dpty Clk) (Entered: 07/03/1996)

MINUTE ORDER: finding the motion to continue settlement conf [32-1] moot. (sjm, Dpty Clk)

MINUTES: by Judge Sven Erik Holmes: Pltf req cont of 60 days-Ct grnts & Mot Hrg re: certify class action [24-1] & joinder of addl parties [24-2] is cont to 2:30 p.m. on 10/4/96; Any frthr filings re: this matter due by 9/27/96; ct will consider joinder only on those indivs w/separate filings.(G. Dorrough-CR) (djh, Dpty Clk)

AFFIDAVIT of Rufus Newsome (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Deborah D Dickens (mail copy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Albert Young (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Derrick L Lewis (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Marvin Blades (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Debbie R Crisp (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Deborah J Daniels (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Walter E Busby, Jr. (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Tyrone D Lynn (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Cornelious D Finley (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Tammara McKinney-Olden (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Ray D Nelson (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 08/27/1996)

AFFIDAVIT of Mark A Moore (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 09/05/1996)

AFFIDAVIT of Dwight E Jackson (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 09/05/1996)

AFFIDAVIT of Gary L Pitts (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 09/05/1996)

AFFIDAVIT of Nancy E Reed (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 09/05/1996)

ATTORNEY APPEARANCE for plaintiff Roy C Johnson by Robert Issac Mayes Jr (fe, Dpty Clk) (Entered: 09/09/1996)

EVIDENTIARY BRIEF by plaintiff Roy C Johnson in support of its reply [31-1] to dfdt's motion to certify class action [24-1] and for joinder of addl parties [24-2] (mail, no env) (fe, Dpty Clk) (Entered: 09/30/1996)

AFFIDAVIT of Walter Busby, Jr. (lmc, Dpty Clk) (Entered: 10/04/1996)

ATTORNEY APPEARANCE for plaintiff Roy C Johnson by Guinise M Marshall (fe, Dpty Clk) (Entered: 10/07/1996)

MINUTES: by Judge Sven Erik Holmes Mot Hrg on certify class action [24-1] on 10/4/96; discussion re: class certif; ptf hs conducted addtl disc & announces witn are available in the ctrm today-pltf submits evid w/testmny/witn; pltf may submit joinder/16 addtl pltfs w/proper mots & pltf may submit proper interrog by 11/4/96; resp are due by 11/25/96; hrg set for 2:30 p.m. on 11/25/96; ct moves the resp date up to 11/22/96; pltf req 5 days to present interrog to deft, allow deft 30 days, & then set hrg-City obj-Ct ord dates remain as set & if any prob, pty to file mot & ct will reconvene for such matter.(G. Dorrough-CR) (djh, Dpty Clk)

ORDER by Judge Sven Erik Holmes stating that to be considered for joinder under Rule 20, each prospective pla must file by 11/4/96 an individual motion for permissive joinder setting forth the specific allegations of fact that form the basis of the potential pla's clms and the reasons why such allegations satisfy the requirements of Rule 20; dfdt will have untl 11/22/96 to respond to each such motion; the Court continues the period for discovery until 11/4/96; dfdt will have until 11/22/96 to rsp to pla's motion for class certification; any problems with discovery which jeopardize ddls set forth herein should be brough promptly before the Court for disposition; Court will hold a hearing on pending motions to certify class action [24-1] and for joinder of addl parties [24-2] for 2:30 on 11/25/96 (cc: all counsel) (fe, Dpty Clk) (Entered: 10/09/1996)

TRANSCRIPT of motion hrg (excerpt) before Judge Sven Erik Holmes for date of: 8/5/96 (C/R Glen Dorrough); 9 pages (fe, Dpty Clk)

TRANSCRIPT of motion hrg before Judge Sven Erik Holmes for date(s) of: 10/4/96 (C/R Glen R. Dorrough; 42 pgs) (crp, Dpty Clk)

TRANSCRIPT of motion hrg before Judge Sven Erik Holmes for date(s) of: 8/5/96 (C/R Glen R. Dorrough; 22 pgs) (crp, Dpty Clk)

MOTION by plaintiff Roy C Johnson to shorten time to resp to discovery, or in the alternative, to extend discovery ddln (O2J) (mail-cpy rtnd) (crp, Dpty Clk) (Entered: 10/25/1996)

MINUTE ORDER: It is hereby ordered that a Discovery HRG is set for 2:15 p.m. on 10/25/96 before Judge Holmes. Copies of all outstanding discovery is to be brought to court. (SEH-J) (cc: all counsel & pties phoned by CRD) (djh, Dpty Clk)

MINUTES: by Judge Sven Erik Holmes Disc Hrg held 10/25/96; pltf req ext/tm taking depos frm 11/4/96 to 11/12/96-deft states they can resp by 11/25/96; proper interrog subm due 11/12/96 & resp due 11/25/96; ea prospectv pltf to file by 11/12/96 indiv mot/permissive joinder setting forth spec alleg of fact tht form the basis of the potential pltf's clms & the reasons why such alleg satisfy the req of Rule 20 & resp due 11/25/96; period of disc extended to 11/12/96 & resp 11/25/96.(G. Dorrough-CR) (djh, Dpty Clk)

MOTION by plaintiff Roy C Johnson to compel, and for sanctions (C2J) (crp, Dpty Clk) (Entered: 11/01/1996)

RESPONSE by defendant Tulsa, City of to motion to compel [56-1] (djh, Dpty Clk) (Entered: 11/04/1996)

MINUTE ORDER: It is hereby ordered that a HRG on the Motion to Compel is set for 2:00 p.m. on 11/1/96 before Judge Holmes. (SEH-J) (cc: all counsel & pties phoned by CRD) (djh, Dpty Clk)

MINUTES: by Judge Sven Erik Holmes Mot hrg on mot/compel held 11/1/96 ; argmts heard; deft's resp to pltf's mot/comp was filed; pties to immed file bfr close/bus Monday, 11/4/96 a jt sched/discvry & any prot ord, if desired; phone conf will be set immed if there are any frthr probs; City states it is willing to stipul pltf entitled to permissive joinder-ct states a mot would need to be filed; class certif will be last issue to be determined. (G. Dorrough-CR) (djh, Dpty Clk)

NOTICE by defendant Tulsa, City of of taking deposition of 5 people on various dates (pll, Dpty Clk) (Entered: 11/06/1996)

MOTION by plaintiff Roy C Johnson to change time to resp (reply) to m/certify class (C2J) (crp, Dpty Clk) (Entered: 11/07/1996)

MINUTE ORDER: granting motion to change time to resp (reply) to m/certify class [59-1]. Plaintiff granted to 11/19/96 to respond in further support of pltf. mo/certify class. (cc: all counsel) (fe, Dpty Clk)

AMENDED MOTION by unknown Mark A Moore to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Dwight E Jackson to mtn for class action [24-1] or alternatively, joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Steven L Gibbs to mtn for class action [24-1] or alternatively, joinder of addtl parties [24-2] (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Paula D Anderson to motion for class action [24-1] or alternatively, joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Deborah J Daniels-Fleak to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Debbie R Crisp to motion for class action [24-1] or alternatively, joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Debra D Dickens to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Nancy E Reed to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Tammara McKinney-Olden to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Rufus E Newsome to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Tyrone D Lynn to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Marvin Blades to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Walter E Busby Jr to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)

AMENDED MOTION by unknown Derrek L Lewis to motion for class action [24-1] or alternatively joinder of addtl parties [24-2] and brf in supp (C2J, mail-cpy rtnd) (crp, Dpty Clk) (Entered: 11/14/1996)