Case: Williams v. Wilkinson

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

MOTION by plaintiff Kenneth NMN Williams to proceed in forma pauperis ( no pgs: 9) (gk) (Entered: 02/25/1997)

ORDER by Mag. Judge Norah M. King granting motion to proceed in forma pauperis [1-1] and ordering the collection of the full filing fee (cc: all counsel) ( no pgs: 3) (gk) (Entered: 02/25/1997)

COMPLAINT (referred to Mag. Judge Norah M. King ) ( no. pgs: 6) (gk) (Entered: 02/25/1997)

ORDER by Judge George C. Smith dismissing claims against party defendant Reginald Wilkinson and his claim under 42 USC Sec 1985 is likewise DISMISSED; Plaintiff's claim under 42 USC Sec 1983 may proceed against defendants Wingard, Bays, and Sharpe. (cc: all counsel) ( no pgs: 3) (gk) (Entered: 02/25/1997)

Summons issued as to defendant Reginald Wilkinson, defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe (gk)

RETURN OF SERVICE executed upon defendant Reginald Wilkinson on 2/25/97 ( no pgs: 1) (gk) (Entered: 02/28/1997)

Partial Filing Fee Paid: on 3/14/97 in the amount of $ 30.97, receipt # 200 205428. (gk)

RETURN OF SERVICE executed upon defendant Pat Sharpe on 3/11/97 ( no pgs: 1) (gk) (Entered: 03/19/1997)

RETURN OF SERVICE executed upon defendant Curtis Wingard on 3/7/97 ( no pgs: 1) (gk) (Entered: 03/19/1997)

RETURN OF SERVICE executed upon defendant Morris Bays on 3/10/97 ( no pgs: 1) (gk) (Entered: 03/19/1997)

ANSWER by defendants; jury demand ( no pgs: 4) (gk) (Entered: 03/24/1997)

RESPONSE by plaintiff Kenneth NMN Williams to [9-1] ( no pgs: 7) (gk) (Entered: 04/14/1997)

ORDER by Mag. Judge Norah M. King; parties to submit to the Office of the Clerk of this Court and serve a completed consent to disposition of this case within 15 days Mtn filing ddl dispositive motions due 8/31/97 ; depositions of any persons who are incarcerated may proceed on such terms and conditions as the institution imposes (cc: all counsel) ( no pgs: 1) (gk) (Entered: 04/11/1997)

MOTION by plaintiff Kenneth NMN Williams for summary judgment ( no pgs: 13) (gk) (Entered: 05/20/1997)

Partial Filing Fee Paid: on 5/19/97 in the amount of $ 26.05, receipt # 200 206329. (gk)

MEMORANDUM CONTRA by defendant to motion for summary judgment [12-1] ( no pgs: 20) (gk) (Entered: 06/04/1997)

Partial Filing Fee Paid: on 6/17/97 in the amount of $ 12.85, receipt # 200 206724. (gk)

MOTION by plaintiff Kenneth NMN Williams to amend complaint, and for preliminary injunction ( no pgs: 3) (gk) (Entered: 06/19/1997)

REPLY by plaintiff Kenneth NMN Williams to response to motion to amend complaint [14-1], motion for preliminary injunction [14-2], motion for summary judgment [12-1] ( no pgs: 3) (pl) (Entered: 07/01/1997)

REPORT AND RECOMMENDATION by Mag. Judge Norah M. King that motion for preliminary injunction be denied [14-2], motion for summary judgment be denied [12-1]; motion to amend is denied NOTICE: Parties have 10 days to file objections (cc: all counsel) ( no pgs: 6) (pl) (Entered: 07/03/1997)

RESPONSE by plaintiff Kenneth NMN Williams to motion for preliminary injunction [14-2] ( no pgs: 8) (gk) (Entered: 07/08/1997)

DOMESTIC RETURN RECEIPT # 235 038-821 & 822 from Kenneth Williams and Robert Angell (gk)

Filing Fee Paid: on 8/12/97 in the amount of $ 16..52, receipt # 200 207499. (gk)

ORDER by Judge George C. Smith adopting motion REPORT AND RECOMMENDATION [16-1] denying motion for summary judgment [12-1] by defendant Curtis Wingard Mtn filing ddl dispositive motions due 8/31/97 (cc: all counsel) ( pgs: 2) (gk) (Entered: 08/27/1997)

MOTION by defendant to extend until 9/16/97 to file dispositive motions ( no pgs: 3) (gk) (Entered: 09/05/1997)

ORDER by Mag. Judge Norah M. King granting motion to extend until 9/16/97 to file dispositive motions [19-1] Mtn filing ddl extended until 9/16/97 (cc: all counsel) ( no pgs: 1) (gk) (Entered: 09/05/1997)

MOTION by defendants for summary judgment ( no pgs: 14) (gk) (Entered: 09/16/1997)

RESPONSE by plaintiff Kenneth NMN Williams to motion for summary judgment [21-1] ( no pgs: 14) (gk) (Entered: 09/29/1997)

REPLY by defendants to response to motion for summary judgment [21-1] ( no pgs: 3) (gk) (Entered: 09/30/1997)

Partial Filing Fee Paid: on 9/29/97 in the amount of $ 11.93, receipt # 200 208091. (gk)

REPORT AND RECOMMENDATION by Mag. Judge Norah M. King that motion for summary judgment [21-1] NOTICE: Parties 10 days to file objections (cc: all counsel) ( no pgs: 5) (gk) (Entered: 11/17/1997)

ORDER by Judge George C. Smith Case reassigned to Judge Algenon L. Marbley (cc: all counsel) ( no pgs: 6) (gk) (Entered: 11/21/1997)

DOMESTIC RETURN RECEIPT # P 201 261 605 from Robert C Angell of R&R (gk)

OBJECTIONS by plaintiff Kenneth NMN Williams to [24-1] ( no pgs: 12) (gk) (Entered: 12/01/1997)

RESPONSE by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to objections to Report and Recommendation [24-1] ( no pgs: 4) (sem) (Entered: 12/04/1997)

Partial Filing Fee Paid: on 1/27/98 in the amount of $ 18.58, receipt # 209574. (sem)

Partial Filing Fee Paid: on 1/27/98 in the amount of $ 13.87, receipt # 209595. (sem)

Partial Filing Fee Paid: on 1/27/98 in the amount of $ 9.69, receipt # 209573. (sem)

Partial Filing Fee Paid: on 2/17/98 in the amount of $ 9.54, receipt # 209812. (sem)

ORDER by Judge Algenon L. Marbley denying motion for summary judgment [21-1] by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe (cc: all counsel) ( no pgs: 6) (sem) (Entered: 10/01/1998)

Mail Returned [28-1] addressed to Kenneth NMN Williams for plaintiff Kenneth NMN Williams (sem)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for reconsideration of order [28-1] ( no pgs: 11) (sem) (Entered: 10/06/1998)

ORDER by Judge Algenon L. Marbley denying motion for reconsideration of order [28-1] [29-1] (cc: all counsel) ( no pgs: 2) (sem) (Entered: 09/30/1999)

ORDER by Judge Algenon L. Marbley ; Trial set for 9:00 9/11/00 ; Final pretrial conf set for 2:00 9/1/00 ; Settlement conference set for 2:00 8/7/00 (cc: all counsel) ( no pgs: 22) (sem) (Entered: 03/28/2000)

MOTION by plaintiff Kenneth NMN Williams for appointment of counsel ( no pgs: 8) (sem) (Entered: 04/27/2000)

ATTORNEY SUBSTITUTION: terminating attorney Robert C Angell for Pat Sharpe, attorney Robert C Angell for Morris Bays, attorney Robert C Angell for Curtis Wingard and substituting attorney J Eric Holloway ( no pgs: 2) (sem) (Entered: 05/16/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for leave to file a second dispositive motion ( no pgs: 4) (sem) (Entered: 05/16/2000)

RESPONSE by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to motion for appointment of counsel [32-1] ( no pgs: 4) (sem) (Entered: 05/16/2000)

SECOND MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for summary judgment ( no pgs: 15 + exh) (sem) (Entered: 06/09/2000)

ORDER by Judge Algenon L. Marbley granting motion for appointment of counsel [32-1]; William A Nolan, Jill S. Kirila and Greg Wehrer appointed for pltf (cc: all counsel) ( no pgs: 1) (pl) (Entered: 06/26/2000)

RESPONSE by plaintiff Kenneth NMN Williams to motion for summary judgment [36-1] ( no pgs: 8) (gk) (Entered: 06/29/2000)

ORDER by Judge Algenon L. Marbley ; Telephone Status conference set for 3:30 7/7/00 (cc: all counsel) ( no pgs: 1) (sem) (Entered: 07/05/2000)

ORDER by Judge Algenon L. Marbley ; Settlement conference reset for 10:30 8/15/00 (cc: all counsel) ( no pgs: 1) (sem) (Entered: 07/07/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to supplement second motion for summary judgment [36-1] ( no pgs: 4) (sem) (Entered: 07/12/2000)

ORDER by Judge Algenon L. Marbley ; Trial set for 9:00 10/30/00 ; Final pretrial conf set for 11:00 10/20/00 ; Settlement conference set for 10:30 9/25/00 ; In-court hearing (oral argument) set for 10:00 9/15/00 (cc: all counsel) ( no pgs: 2) (sem) (Entered: 07/12/2000)

ORDER by Judge Algenon L. Marbley ; In-court hearing set for 10:00 9/15/00 in re dfts' motion for sj (cc: all counsel) ( no pgs: 1) (sem) (Entered: 07/14/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to stay discovery, to vacate trial date ( no pgs: 6 + exh) (sem) (Entered: 07/18/2000)

ORDER by Judge Algenon L. Marbley ; In-court hearing reset for 9:00 9/14/00 in re motion for sj (cc: all counsel) ( no pgs: 1) (sem) (Entered: 08/09/2000)

...RESPONSE by plaintiff Kenneth NMN Williams to motion to stay discovery [44-1], motion to vacate trial date [44-2] ( no pgs: 13) (sem) (Entered: 08/11/2000)

MOTION by defendant Morris Bays for leave to attend settlement conference by telephone ( no pgs: 4) (sem) (Entered: 08/15/2000)

...REPLY by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to response to motion to stay discovery [44-1], motion to vacate trial date [44-2] ( no pgs: 6) (sem) (Entered: 08/21/2000)

ORDER by Judge Algenon L. Marbley that pltf is allowed to conduct discovery in re personal involvement and standing raised by the defendant and what information the dfts' "knew" at the time they undertook to deny pltf the right to call his witness (cc: all counsel) ( no pgs: 2) (sem) (Entered: 08/22/2000)

REPLY by plaintiff Kenneth NMN Williams to response to motion to strike second motion for summary judgment [36-1]... [46-1] ( no pgs: 3) (sem) (Entered: 09/06/2000)

ORDER by Judge Algenon L. Marbley granting motion to strike second motion for summary judgment [36-1]... [46-1], denying motion to stay discovery [44-1], denying motion to vacate trial date [44-2], denying motion for summary judgment [36-1] by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe, denying motion for leave to file a second dispositive motion [34-1] (cc: all counsel) ( no pgs: 10) (sem) (Entered: 09/11/2000)

ORDER by Judge Algenon L. Marbley ; In-court hearing vacated for 9:00 9/14/00 (cc: all counsel) ( no pgs: 1) (sem) (Entered: 09/12/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for protective order ( no pgs: 3) (sem) (Entered: 09/13/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for leave to depose pltf Kenneth Williams and inmate Allen Williams ( no pgs: 3) (sem) (Entered: 09/15/2000)

PROTECTIVE ORDER by Judge Algenon L. Marbley granting dft's motion for protective order [53-1] (cc: all counsel) ( no pgs: 1) (sem) (Entered: 09/18/2000)

JOINT MOTION by plaintiff Kenneth NMN Williams, defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to extend the case schedule ( no pgs: 4) (sem) (Entered: 10/05/2000)

ORDER by Judge Algenon L. Marbley granting motion to extend the case schedule [56-1] ; Trial reset for 9:00 12/4/00 ; Final pretrial conf reset for 1:30 11/20/00 (cc: all counsel) ( no pgs: 2) (sem) (Entered: 10/06/2000)

AMENDED NOTICE by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe of taking deposition of Allen Williams on 10/26/00 at 10:30 am ( no pgs: 2) (sem) (Entered: 10/17/2000)

Proposed Supplemental Jury instructions submitted by plaintiff Kenneth NMN Williams ( no pgs: 9) (sem) (Entered: 11/07/2000)

MOTION by plaintiff Kenneth NMN Williams in limine seeking judgment as a matter of law and to exclude certain evidence ( no pgs: 15 + exh) (sem) (Entered: 11/07/2000)

Witness and Exhibit list submitted by plaintiff Kenneth NMN Williams ( no pgs: 4) (sem) (Entered: 11/07/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe in limine to exclude any and all testimony on testing procedures used in this case ( no pgs: 4) (sem) (Entered: 11/07/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe in limine to exclude testimony on the administrative appeal process and grievance procedures ( no pgs: 4) (sem) (Entered: 11/07/2000)

Exhibit list, Stipulations, Witness statements & designation of deposition portions submitted by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe ( no pgs: 5) (sem) (Entered: 11/07/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe in limine to exclude expert testimony ( no pgs: 4 + exh) (sem) (Entered: 11/07/2000)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to dismiss ( no pgs: 7 + exh) (sem) (Entered: 11/07/2000)

NOTICE of filing deposition by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe ( no pgs: 2) (sem) (Entered: 11/07/2000)

Proposed Jury instructions submitted by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe ( no pgs: 33) (sem) (Entered: 11/07/2000)

Deposition of Kenneth A Williams (sem)

NOTICE of filing depositions by plaintiff Kenneth NMN Williams ( no pgs: 2) (sem) (Entered: 11/13/2000)

NOTICE of filing deposition exhibits under seal by plaintiff Kenneth NMN Williams ( no pgs: 2) (sem) (Entered: 11/13/2000)

RESPONSE (memo in opposition) by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to pltf's motion in limine seeking judgment as a matter of law and to exclude certain evidence [60-1] ( no pgs: 14) (sem) (Entered: 11/14/2000)

RESPONSE (memo in opposition) by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe to pltf's proposed supplemental jury instructions [59-1] ( no pgs: 5) (sem) (Entered: 11/14/2000)

OBJECTIONS by plaintiff Kenneth NMN Williams to dfts' jury instructions [68-1] ( no pgs: 9) (sem) (Entered: 11/14/2000)

RESPONSE (memo contra) by plaintiff Kenneth NMN Williams to dfts' motion in limine to exclude testimony on the administrative appeal process and grievance procedures [63-1], dfts' motion in limine to exclude any and all testimony on testing procedures used in this case [62-1] ( no pgs: 7) (sem) (Entered: 11/14/2000)

OBJECTIONS by plaintiff Kenneth NMN Williams to dfts' witnesses and exhibits [64-1] ( no pgs: 3) (sem) (Entered: 11/14/2000)

RESPONSE (memo in opposition) by plaintiff Kenneth NMN Williams to dfts' motion to dismiss [66-1] ( no pgs: 8 + exh) (sem) (Entered: 11/14/2000)

Deposition of Sandra Fisher, Curtis Wingard, Patricia Sharp & Morris L Bayes Jr (with sealed deposition exhibits) (sem)

NOTICE of intent to call additional witness by plaintiff Kenneth NMN Williams ( no pgs: 2) (sem) (Entered: 11/16/2000)

NOTICE of filing deposition by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe ( no pgs: 2) (sem) (Entered: 11/17/2000)

Deposition of Allen Williams (sem)

MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for leave to file corrected memo in opposition to pltf's motion in limine seeking judgment as a matter of law and to exclude certain evidence ( no pgs: 2) (sem) (Entered: 11/20/2000)

Proposed Jury questions filed by plaintiff (sem) (Entered: 11/21/2000)

Trial brief submitted by plaintiff Kenneth NMN Williams ( no pgs: 15) (sem) (Entered: 11/21/2000)

Proposed Jury questions filed by defendants (sem) (Entered: 11/21/2000)

RENEWED MOTION by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe for reconsideration of order 9/11/00 [51-1] no pgs: 5 + exh) (sem) (Entered: 11/21/2000)

Pretrial brief submitted by defendant Curtis Wingard, defendant Morris Bays, defendant Pat Sharpe ( no pgs: 12) (sem) (Entered: 11/21/2000)