Case: Johnson v. University of Iowa

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT (Summons issued); Rule 16 Dismissal Notice set for 10/15/03; Dismissal ddl (service) set for 10/15/03 (rmj) (Entered: 06/17/2003)

MOTION by plaintiff David A Johnson to certify class action before Judge Ronald E. Longstaff (rmj) (Entered: 06/17/2003)

FILING FEE PAID: on 6/17/03 in the amount of $150, receipt #64425. (rmj) (Entered: 06/17/2003)

RETURN OF SERVICE of summons and complaint, executed upon defendant University of Iowa on 6/19/03 (bp) (Entered: 06/23/2003)

RETURN OF SERVICE of summons and complaint, executed upon defendant Susan Buckley on 6/18/03 (bp) (Entered: 06/23/2003)

RETURN OF SERVICE of summons and complaint, executed upon defendant David J Skorton on 6/18/03 (bp) (Entered: 06/23/2003)

RETURN OF SERVICE of summons and complaint, executed upon defendant Douglas K True on 6/18/03 (bp) (Entered: 06/23/2003)

RETURN OF SERVICE of summons and complaint, executed upon defendant IA St Bd of Regents on 6/23/03 (bp) (Entered: 07/07/2003)

MOTION by defendant to dismiss before Judge Ronald E. Longstaff , or to stay federal action and request to consider matters outside the pleadings before Judge Ronald E. Longstaff (bp) (Entered: 07/08/2003)

MEMORANDUM by defendant in support [8−1] of motion to dismiss before Judge Ronald E. Longstaff, [8−2] of motion to stay federal action and request to consider matters outside the pleadings before Judge Ronald E. Longstaff (bp) (Entered: 07/08/2003)

RESISTANCE by plaintiff David A Johnson to motion to dismiss [8−1], and motion to stay federal action and request to consider matters outside the pleadings before Judge Ronald E. Longstaff [8−2] (rmj) (Entered: 07/16/2003)

MEMORANDUM by plaintiff in support [10−1] of his resistance to dfts' motion to dismiss or stay federal action (rmj) (Entered: 07/16/2003)

ORDER by Judge Ronald E. Longstaff denying motion to dismiss [8−1], denying motion to stay federal action; The Court would entertain a motion to amend the present Complaint [8−2], re [2−1] motion to certify class action; Dfts are directed to respond to motion for class certification within 20 days of this order ; Responsive brief ddl 10/20/03 (cc: all counsel) (rmj) (Entered: 09/26/2003)

ANSWER by defendants complaint [1−1] (rmj) (Entered: 10/06/2003)

MOTION by plaintiff to amend Complaint before Magistrate Judge Ross A. Walters (rmj) (Entered: 10/08/2003)

ORDER by Magistrate Judge Ross A. Walters granting motion to amend Complaint [14−1] (cc: all counsel) (rmj) (Entered: 10/09/2003)

AMENDED COMPLAINT [1−1] by plaintiff; Complaint includes new Counts I and II under B and statement of statutory basis for jurisdiction (rmj) (Entered: 10/09/2003)

ANSWER by defendant University of Iowa, defendant IA St Bd of Regents, defendant David J Skorton, defendant Douglas K True, defendant Susan Buckley complaint [16−1] (bp) (Entered: 10/15/2003)

RESISTANCE by defendants to motion to certify class action before Judge Ronald E. Longstaff [2−1] (rmj) (Entered: 10/20/2003)

MOTION by plaintiff to exceed page limitation in his Reply to resistance to class certification motion before Magistrate Judge Ross A. Walters (rmj) (Entered: 10/23/2003)

ORDER by Magistrate Judge Ross A. Walters granting motion to exceed page limitation in his Reply to resistance to class certification motion [19−1] (cc: all counsel) (bp) (Entered: 10/24/2003)

REPLY by plaintiff David A Johnson re [18−1] motion response (bp) (Entered: 10/24/2003)

ORDER GIVING NOTICE OF DISMISSAL pursuant to Rule 16; Dismissal ddl (Rule 16) extended to 11/26/03 by JRR, Clerk (cc: all counsel) (rmj) (Entered: 11/12/2003)

ORDER by Judge Ronald E. Longstaff granting motion to certify class action [2−1]; Parties are directed to submit proposed plan for notification to potential class members within 60 days; Dismissal ddl (Rule 16) 1/20/04; Brief ddl 1/20/04 all counsel) (rmj) (Entered: 11/20/2003)

PROPOSED SCHEDULING ORDER SUBMITTED by plaintiff David A Johnson, defendant University of Iowa, defendant IA St Bd of Regents, defendant David J Skorton, defendant Douglas K True, defendant Susan Buckley ; Report not adopted, referred to Magistrate Judge Walters. (bp) (Entered: 12/05/2003)

SCHEDULING ORDER by Magistrate Judge Ross A. Walters; dispositive mtn ddl set 6/1/04; Case ready for trial as of 10/1/04; estimated length of trial 2−day bench trial; Discovery ddl set for 5/3/04 (cc: all counsel) (rmj) (Entered: 12/09/2003)

ORDER SETTING TRIAL AND FINAL PRETRIAL CONFERENCE 2−day bench trial 4/11/05 @ 9:00 before a US District Judge starting the 3−week period of 4/11/05; Case ready for trial SATISFIED; Final pretrial cnf before Judge Shields 3/7/05 @ Davenport, IA /s/ JRR, Clerk (cc: all counsel) (rmj) (Entered: 01/15/2004)

JOINT MOTION by plaintiff David A Johnson, defendant University of Iowa for notice of pendency of class action before Judge Ronald E. Longstaff (bp) (Entered: 02/17/2004)

MEMORANDUM by plaintiff David A Johnson in support [26−1] of motion for notice of pendency of class action before Judge Ronald E. Longstaff (bp) (Entered: 02/17/2004)

MOTION by defendants to extend dispositive motion ddl before Magistrate Judge Ross A. Walters (rmj) (Entered: 05/28/2004)

ORDER by Magistrate Judge Ross A. Walters granting motion to extend dispositive motion ddl; [28−1] Dispositive Motion ddl set for 7/19/04 (cc: all counsel) (rmj) (Entered: 06/01/2004)

MOTION by defendants for summary judgment before Judge Ronald E. Longstaff; ORAL ARGUMENT Requested (rmj) (Entered: 07/21/2004)

MEMORANDUM by defendants in support [30−1] of motion for summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 07/21/2004)

APPENDIX filed by defendants [30−1] re: motion for summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 07/21/2004)

STATEMENT OF UNCONTROVERTED FACTS by defendants [30−1] in support of motion for summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 07/21/2004)

MOTION by plaintiff for partial summary judgment before Judge Ronald E. Longstaff; Oral Argument Requested (rmj) (Entered: 07/21/2004)

STATEMENT OF UNDISPUTED MATERIAL FACTS by plaintiff [34−1] in support of motion for partial summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 07/21/2004)

APPENDIX filed by plaintiff [34−1] re: motion for partial summary judgment before Judge Ronald E. Longstaff [NO IMAGE; Greater than 200 pgs] (rmj) (Entered: 07/21/2004)

ORDER by Magistrate Judge Ross A. Walters granting motion to exceed page limitation in its Brief in Support of Motion for Partial Summary Judgment [35−1] (cc: all counsel) (rmj) (Entered: 07/23/2004)

MEMORANDUM by plaintiff in support [34−1] of motion for partial summary judgment before Judge Ronald E. Longstaff; Oral Argument Requested (rmj) (Entered: 07/23/2004)

RESISTANCE by defendants to Plf's motion to file overlength brief [Pldg No 35][Granted previously this date by RAW] (rmj) (Entered: 07/23/2004)

BRIEF IN RESISTANCE by defendants to motion for partial summary judgment before Judge Ronald E. Longstaff [34−1] (rmj) (Entered: 08/10/2004)

APPENDIX IN RESPONSE/RESISTANCE to Plf's motion for summary judgment filed by defendant [41−1] (rmj) (Entered: 08/10/2004)

MOTION by defendants to strike certain evidentiary materials in Plf's memorandum in support of summary judgment [39−1] before Judge Ronald E. Longstaff (rmj) (Entered: 08/10/2004)

RESPONSE by defendants [36−1] to Plf's statement of uncontroverted material facts (rmj) (Entered: 08/10/2004)

RESPONSE by plaintiff to Dfts' statement of uncontroverted facts[33−1] (rmj) (Entered: 08/10/2004)

MOTION by plaintiff to exceed page limitation in its Brief in support of resistance to Dfts' motion for summary judgment before Magistrate Judge Ross A. Walters (rmj) (Entered: 08/10/2004)

STATEMENT OF ADD'L MATERIAL FACTS by plaintiff (rmj) (Entered: 08/10/2004)

SUPPLEMENTAL APPENDIX re resistance to Dfts' motion for summary judgment filed by plaintiff (rmj) (Entered: 08/10/2004)

ORDER by Magistrate Judge Ross A. Walters denying motion to exceed page limitation in its Brief in support of resistance to Dfts' motion for summary judgment; Plf may have 14 days to file a recast brief [46−1] (cc: all counsel) (rmj) (Entered: 08/12/2004)

REPLY/MEMORANDUM IN SUPPORT THEREOF by plaintiff re [34−1] motion for partial summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 08/17/2004)

SECOND SUPPLEMENTAL APPENDIX by plaintiff [48−1] to Dfts' resistance to Plf's motion for partial summary judgment [34−1] before Judge Ronald E. Longstaff (rmj) (Entered: 08/17/2004)

RESISTANCE by plaintiff to motion to strike certain evidentiary materials in Plf's memorandum in support of summary judgment [39−1] before Judge Ronald E. Longstaff [43−1] (rmj) (Entered: 08/17/2004)

MEMORANDUM plaintiff in support of its resistance to Dfts' motion to strike [52−1] (rmj) (Entered: 08/17/2004)

MEMORANDUM by plaintiff in support [54−1] of motion to strike re failure to properly deny or qualify responses [44−1] before Judge Ronald E. Longstaff [36−1] (rmj) (Entered: 08/17/2004)

MOTION by plaintiff to strike responses and expert opinion of Jennifer Niebyl, MD in Dfts' appendix re motion for summary judgment [32−1] before Judge Ronald E. Longstaff (rmj) (Entered: 08/17/2004)

MEMORANDUM by plaintiff in support [56−1] of motion to strike responses and expert opinion of Jennifer Niebyl, MD in Dft's appendix re motion for summary judgment [32−1] before Judge Ronald E. Longstaff (rmj) (Entered: 08/17/2004)

MOTION by plaintiff to strike portions of the expert opinion of Dr. Kent Jayne in Dfts' appendix to motion for summary judgment [32−1] before Judge Ronald E. Longstaff (rmj) (Entered: 08/17/2004)

MEMORANDUM by plaintiff in support [58−1] of motion to strike portions of the expert opinion of Dr. Kent Jayne in Dfts' appendix to motion for summary judgment [32−1] before Judge Ronald E. Longstaff (rmj) (Entered: 08/17/2004)

ORDER by Judge Ronald E. Longstaff granting motion for notice of pendency of class action; the parties are authorized to proceed with the plan for notification as outlined in the joint motion [26−1] (cc: all counsel) (rmj) (Entered: 08/25/2004)

MEMORANDUM by plaintiff David A Johnson in opposition to motion for partial summary judgment before Judge Ronald E. Longstaff; Oral Argument Requested [34−1] (bp) (Entered: 08/30/2004)

RESPONSE by defendants [54−1] re: motion to strike re failure to properly deny or qualify responses [44−1] before Judge Ronald E. Longstaff [36−1], [44−1] re: response, [36−1] re: Plfs' Statement of Uncontroverted Facts (rmj) (Entered: 08/31/2004)

RESISTANCE by defendants to motion to strike responses and expert opinion of Jennifer Niebyl, MD in Dfts' appendix re motion for summary judgment [32−1] before Judge Ronald E. Longstaff [56−1] (rmj) (Entered: 08/31/2004)

MEMORANDUM by defendants in support [63−1] their resistance to motion to strike the testimony of Dr Jennifer Niebyl (rmj) (Entered: 08/31/2004)

RESISTANCE by defendants to motion to strike portions of the expert opinion of Dr. Kent Jayne in Dfts' appendix to summary judgment [32−1] before Judge Ronald E. Longstaff [58−1] (rmj) (Entered: 08/31/2004)

MEMORANDUM by defendants in support [65−1] of their resistance to motion to strike the testimony of Kent Jayne (rmj) (Entered: 08/31/2004)

MOTION by plaintiff David A Johnson to amend order certifying class before Judge Ronald E. Longstaff (bp) (Entered: 09/07/2004)

MEMORANDUM by plaintiff David A Johnson in support [67−1] of motion to amend order certifying class before Judge Ronald E. Longstaff (bp) (Entered: 09/07/2004)

RESPONSE/REPLY by defendants [47−1] re: statement of additional material facts (bp) (Entered: 09/08/2004)

REPLY by defendant re [61−1] memorandum in support of its motion for summary judgment (bp) (Entered: 09/08/2004)

APPENDIX (volume III) filed by defendant (bp) (Entered: 09/08/2004)

MOTION by plaintiffs for leave to file Surreply in support of their resistance to Dfts' Motion for summary judgment before Magistrate Judge Ross A. Walters (rmj) (Entered: 09/14/2004)

RESISTANCE by defendants to motion to amend order certifying class before Judge Ronald E. Longstaff [67−1] (rmj) (Entered: 09/17/2004)

MEMORANDUM by defendants in support [74−1] of its resistance to plf's motion to amend class (rmj) (Entered: 09/17/2004)

RESISTANCE by defendant to motion for leave to file Surreply in support of their resistance to Dfts' Motion for summary judgment before Magistrate Judge Ross A. Walters [72−1] (rmj) (Entered: 09/17/2004)

RESISTANCE by plaintiff to motion to amend order certifying class before Judge Ronald E. Longstaff [67−1] (rmj) (Entered: 09/17/2004)

MOTION for Leave to File addition exhibits in support of motion for partial summary judgmentre: liability. by David A Johnson. Responses due by 11/26/2004 (don, ) (Entered: 11/08/2004)

MEMORANDUM in Support re 77 MOTION for Leave to File filed by David A Johnson. (don, ) (Entered: 11/08/2004)

RESPONSE to Motion re 77 MOTION for Leave to File Defendants' Resistance to Plaintiff's Motion for Leave to Amend Record filed by David J Skorton, Douglas K True, University of Iowa, sued as State Board of Regents. Replies due by 12/9/2004. (Attachments: # 1 Brief)(Carroll, George) (Entered: 11/29/2004)

ORDER granting 77 plaintiff's Motion for Leave to File supplemental exhibits. Defendant may supplement record within 14 days as described in order. Entered by Magistrate Judge Ross A. Walters on 12/1/2004. (klw) (Entered: 12/01/2004)

ORDER granting 30 Motion for Summary Judgment, denying 34 Motion for Partial Summary Judgment, denying 43 Motion to Strike, denying 54 Motion to Strike, denying 56 Motion to Strike, denying 58 Motion to Strike, granting 72 Motion for Leave to File, finding as moot and denying 67 Motion to Amend/Correct . Entered by Chief Judge Ronald E. Longstaff on 12/16/2004. (dsg) (Entered: 12/16/2004)

JUDGMENT (summary judgment granted in favor of Defendants against Plaintiff . Entered by James R Rosenbaum Clerk on 12/17/2004. (don, ) (Entered: 12/17/2004)

NOTICE OF APPEAL as to 81 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion to Strike, Order on Motion for Leave to File, Order on Motion to Amend/Correct, 82 Judgment by David A Johnson. Filing fee $ 255, receipt number 69878. (don, ) (Entered: 12/30/2004)

USCA Appeal Fees received $ 255 receipt number 71041 re 83 Notice of Appeal, filed by David A Johnson, (don, ) (Entered: 01/04/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 83 Notice of Appeal, (don, ) (Entered: 01/04/2005)

USCA Case Number 05−1184 for 83 Notice of Appeal, filed by David A Johnson,. (don, ) (Entered: 12/06/2005)

MANDATE of USCA as to 83 Notice of Appeal, filed by David A Johnson, affirming the district court's decision. (don, ) (Entered: 01/09/2006)