Case: Butler v. McDonough

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

Butler v. Crosby

COMPLAINT against all defendants ; JURY DEMAND ( Filing fee $ 150 receipt number J16797), filed by Sylvester Butler, Kelvin Frazier, Curt Massie, Jeremiah Thomas, Eugene Ulrath, Reginald Williams. (Attachments: # 1 PART 2 of complaint)(LPH, ) (Entered: 09/21/2004)

2 PART 2 of complaint

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NOTICE of designation under Local Rule 3.05 - track 2.Signed by Deputy Clerk on 9/21/2004. (DH, ) (Entered: 09/21/2004)

Summons issued as to Jeffrey Lindsey. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Wendell Whitehurst. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Tony Anderson. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Steven Tricocci. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Stacey Green. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Ronnie Barton. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Rodney Barnett. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Oscar Shipley. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Mark Redd. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Kenneth Lampp. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Keith Musselman. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to John Rizer. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to John Riggs. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to William Muse. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Allen Clark. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Billy Jarvis. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Bradley Carter. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Colin Halle. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to George Sapp. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to James V. Crosby Jr.. Consent(s) issued. (MGG) (Entered: 10/12/2004)

Summons issued as to Stephen Sirmones, James Wilson, Glynn Reeder. Consent(s) issued. (LPH, ) (Entered: 12/23/2004)

Summons issued as to Tim Chastain. Consent(s) issued. (LPH, ) (Entered: 12/28/2004)

Summons issued as to Dean Ellis. Consent(s) issued. (LPH, ) (Entered: 12/30/2004)

RETURN of service executed on 1/11/2005 as to Colin Halle. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Jeffrey Lindsey. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Stacey Green. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Rodney Barnett. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Steven Tricocci. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Mark Redd. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Allen Clark. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Tim Chastain. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to James V. Crosby, Jr. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Glynn Reeder. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to Wendell Whitehurst. (JMAP) (Entered: 01/12/2005)

RETURN of service executed on 1/11/2005 as to George Sapp. (JMAP) (Entered: 01/12/2005)

NOTICE by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams of Filing Executed Waivers of Service of Summons as to Defendants Jarvis, Lazenby, Reynolds, and Rizer (Capobianco, Cassandra) (Entered: 01/14/2005)

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Billy Jarvis on December 8, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Joe Lazenby, Jr on November 30, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to David Reynolds on November 29, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

WAIVER OF SERVICE returned executed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to John Rizer on November 23, 2004. (Capobianco, Cassandra) (Entered: 01/14/2005)

RETURN of service executed on 1/13/05 as to Kenneth Lampp. (MGG) (Entered: 01/18/2005)

RETURN of service unexecuted by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to James Wilson. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Keith Musselman. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Dean Ellis. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Ronnie Barton. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to John Riggs. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to William Muse. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Oscar Shipley. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Bradley Carter. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Stephen Sirmones. (LPH, ) (Entered: 01/19/2005)

RETURN of service executed on 1/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Tony Anderson. (LPH, ) (Entered: 01/19/2005)

First MOTION to stay Proceedings by James V. Crosby, Jr. (Dean, Denis) (Entered: 01/21/2005)

NOTICE of Appearance by Michael Agliata, George E. Schulz, Jr on behalf of all plaintiffs (LPH, ) (Entered: 01/25/2005)

First MOTION for Extension of Time to File Response/Reply to Defendants' First Motion to Stay/Abate by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Capobianco, Cassandra) (Entered: 01/27/2005)

First MOTION to extend time to Personally Serve Selected Defendants and Allow Amendment of Summons for Defendants Anderson, Ellis, Lampp, Musselman, Redd, Tricocci, and Whitehurst by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Capobianco, Cassandra) (Entered: 01/27/2005)

ORDER granting 56 Plaintiffs' Stipulated Motion to Enlarge Time to Respond to Defendants' Motion to Stay/Abate. Signed by Judge Marcia Morales Howard on 1/28/2005. (JLW) (Entered: 01/28/2005)

ORDER granting 57 Plaintiffs' Stipulated Motion to Enlarge Time to Personally Serve Defendants. Deadline to serve is February 28, 2005. Signed by Judge Marcia Morales Howard on 1/28/2005. (JLW) (Entered: 01/28/2005)

ALIAS Summons issued as to Mark Redd, Keith Musselman, Tony Anderson, Steven Tricocci, Kenneth Lampp, Wendell Whitehurst, Dean Ellis. Consent(s) issued.(per order # 59)(LPH, ) (Entered: 02/04/2005)

ALIAS Summons issued as to James Wilson. Consent(s) issued. (LPH, ) (Entered: 02/04/2005)

RETURN of service (ALIAS summons) executed on 2/11/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Keith Musselman. (LPH, ) (Entered: 02/15/2005)

RETURN of service (ALIAS summons) executed on 2/12/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Dean Ellis. (LPH, ) (Entered: 02/15/2005)

RETURN of service (ALIAS summons) executed on 2/11/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Kenneth Lampp. (LPH, ) (Entered: 02/15/2005)

RETURN of service executed (ALIAS summons) on 2/17/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Mark Redd. (MGG) (Entered: 02/22/2005)

RETURN of service executed (ALIAS summons) on 2/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Wendell Whitehurst. (MGG) (Entered: 02/22/2005)

RETURN of service (ALIAS summons) executed on 2/14/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Steven Tricocci. (MGG) (Entered: 02/22/2005)

AFFIDAVIT of Sonja Jeffers, Special Process Server. (MGG) (Entered: 02/22/2005)

RETURN of service (alias summons) executed on 2/21/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to Tony Anderson. (LPH, ) (Entered: 02/25/2005)

Amended MOTION to stay all proceedings by James V. Crosby, Jr. (Dean, Denis) (Entered: 03/01/2005)

RESPONSE to motion re 70 Amended MOTION to stay all proceedings Abate/and Request for Oral Argument filed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Schulz, George) (Entered: 03/08/2005)

CASE MANAGEMENT REPORT. (Schulz, George) (Entered: 03/08/2005)

RETURN of service executed on 3/15/05 by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams as to James Wilson. (LPH, ) (Entered: 03/17/2005)

NOTICE of Hearing on Motion 70 Amended Motion to Stay all proceedings and case scheduling: Hearing set for 4/7/2005 03:30 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Plaintiff shall coordinate the conference call. See Notice for further details(DH, ) (Entered: 03/22/2005)

MINUTE ENTRY for proceedings held before Judge Timothy J. Corrigan : Telephonic Motion Hearing held on 4/7/2005 re 70 Amended MOTION to stay all proceedings filed by James V. Crosby, Jr. Order to enter. Court Reporter: Shannon Bishop (DH ) Modified on 4/8/2005 (LPH, ). (Entered: 04/08/2005)

ORDER denying without prejudice 70 Motion to stay . Signed by Judge Timothy J. Corrigan on 4/14/2005. (DH, ) (Entered: 04/15/2005)

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/31/2005. Joinder of Parties due by 8/31/2005. Discovery due by 4/28/2006. Dispositive motions due by 5/31/2006. Pretrial statement due by 9/12/2006. Final Pretrial Conference set for 9/18/2006 02:00 PM in Courtroom 10 B before Judge Timothy J. Corrigan. Jury Trial set for 10/2/2006 - 10/20/2006 trial term 09:00 AM in Courtroom 10 B before Judge Timothy J. Corrigan.Signed by Judge Timothy J. Corrigan on 4/14/2005. (DH, ) Modified on 4/18/2005 (DH, ). (Entered: 04/15/2005)

ORDER directing plaintiffs to advise the Court by May 13, 2005 of the mediator the parties have selected.Signed by Judge Timothy J. Corrigan on 4/14/2005. (DH ) (Entered: 04/15/2005)

ANSWER to complaint by James V. Crosby, Jr.(Dean, Denis) (Entered: 04/22/2005)

INTERESTED PERSONS ORDER. Certificate of Interested Persons and Corporate Disclosure Statements due within fourteen (14) days from the date of the order. Signed by Judge Marcia Morales Howard on 4/25/2005. (JLW) (Entered: 04/25/2005)

STANDING ORDER - Filing of Documents that Exceed Twenty-Five Pages. Signed by all Jacksonville Judges on 04/27/05(jkl) (Entered: 05/02/2005)

Unopposed MOTION for extension of time to file answer or otherwise plead by James Wilson. (Poole, J.) (Entered: 05/02/2005)

ORDER granting 82 Defendant James Wilson's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint. Defendant James Wilson's answer due May 25, 2005. Signed by Judge Marcia Morales Howard on 5/3/2005. (JLW) (Entered: 05/03/2005)

CERTIFICATE of interested persons and corporate disclosure statement by Reginald Williams. (Schulz, George) (Entered: 05/04/2005)

CERTIFICATE of interested persons and corporate disclosure statement re 80 Interested persons order by James V. Crosby, Jr. (Dean, Denis) (Entered: 05/06/2005)

MOTION for attorney fees relating to the preparation of this Motion and, MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Attachments: # 1 Exhibit -B-# 2 Exhibit -C-# 3 Exhibit -D-# 4 Exhibit -E-)(Schulz, George) (Entered: 05/06/2005)

2 Exhibit -B-

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3 Exhibit -C-

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4 Exhibit -D-

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5 Exhibit -E-

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NOTICE by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams Of Filing Composite Exhibit "A" to Motion for Attorney Fees Relating to the Preparation of the Motion and, Motion for Taxation of Costs Relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law (Schulz, George) (Entered: 05/06/2005)

APPENDIX re 87 Notice by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit A part 3# 4 Exhibit A part 4# 5 Exhibit A part 5)(MGG) (Entered: 05/10/2005)

2 Exhibit A part 1

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3 Exhibit A part 2

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4 Exhibit A part 3

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5 Exhibit A part 4

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6 Exhibit A part 5

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MOTION for referral to mediation Stipulated Request by the Parties to Select The Honorable Gerald T. Wetherington as Mediator Herein by Sylvester Butler. (Attachments: # 1 Exhibit CV Wetherington)(Schulz, George) (Entered: 05/10/2005)

2 Exhibit CV Wetherington

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CERTIFICATE of interested persons and corporate disclosure statement by James Wilson. (Poole, J.) (Entered: 05/10/2005)

AMENDED COMPLAINT Stipulated Motion, with Rule 3.01(g) Certification, to Amend Complaint and Memorandum of Law in Support Thereof against all defendants, filed by Sylvester Butler. (Attachments: # 1 Exhibit Amended Complaint)(Schulz, George) Modified on 5/12/2005 (PAM). (Amended Complaint Incorrectly Filed See Doc. 92 ) (Entered: 05/11/2005)

2 Exhibit Amended Complaint

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Stipulated Motion, With Rule 3.01(G) Certification, to Amend 1 Complaint and Memorandum of Law in Support Thereof by Sylvester Butler. (Attachments: # 1 Exhibit Amended Complaint)(Schulz, George) Modified on 5/12/2005 (PAM ). (Entered: 05/12/2005)

2 Exhibit Amended Complaint

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RESPONSE in opposition re 86 MOTION for attorney fees relating to the preparation of this Motion and MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law filed by James V. Crosby, Jr. (Attachments: # 1)(Dean, Denis) (Entered: 05/16/2005)

ORDER granting 92 Plaintiffs' Stipulated Motion, with Rule 3.01(g) Certification, to Amend Complaint. The Clerk of the Court is directed to file Plaintiffs' Amended Complaint and Jury Demand which is attached as Exhibit A to the Motion. Signed by Judge Marcia Morales Howard on 5/17/2005. (JLW) (Entered: 05/17/2005)

ORDER referring case to mediation and appointing Hon. Gerald T. Wetherington as mediator in this action.Signed by Judge Timothy J. Corrigan on 5/17/2005. (Attachments: # 1 # 2)(DH, ) (Entered: 05/17/2005)

AMENDED COMPLAINT against James V. Crosby, Jr, Bradley Carter, George Sapp, Stephen Sirmones, Joe Lazenby, Jr, Allen Clark, Mark Redd, Keith Musselman, Tony Anderson, James Wilson, William Muse, Colin Halle, Steven Tricocci, Tim Chastain, Rodney Barnett, Ronnie Barton, Kenneth Lampp, Wendell Whitehurst, Stacey Green, David Reynolds, John Riggs, Glynn Reeder, John Rizer, Oscar Shipley, Dean Ellis, Jeffrey Lindsey, Billy Jarvis, filed by Kelvin Frazier, Curt Massie, Jeremiah Thomas, Sylvester Butler, Eugene Ulrath, Reginald Williams.(JMAP, ) (Entered: 05/19/2005)

MOTION for leave to file Reply in Support of Verified Motion for Award of Costs Relating to Defendants' Failure to Waive Formal Service of Process and Attorneys' Fees Relating to the Preparation of This Motion and Supporting Memorandum of Law Rule 3.01(G) Certification Stipulated Motion by Sylvester Butler. (Attachments: # 1)(Schulz, George) (Entered: 05/20/2005)

ANSWER to amended complaint by James V. Crosby, Jr.(Dean, Denis) (Entered: 05/23/2005)

ORDER granting 97 Plaintiffs' Stipulated Motion for Leave to File Reply. The Clerk of the Court is directed to file Plaintiffs' Reply in Support of Verified Motion for Award of Costs Relating to Defendants' Failure to Waive Formal Service of Process and Attorneys' Fees Relating to the Preparation of this Motion which is attached as Exhibit A to the Motion. Signed by Judge Marcia Morales Howard on 5/24/2005. (JLW) (Entered: 05/24/2005)

REPLY to response to motion re 86 MOTION for attorney fees relating to the preparation of this Motion and MOTION for taxation of costs relating to Defendant's Failure to Waive Formal Service of Process, and Supporting Memorandum of Law filed by Sylvester Butler. (KS) Modified on 5/26/2005 to edit docket text(KS). (Entered: 05/25/2005)