Case: Westside Mothers v. Olszewski

Westside Mothers v. Haveman

Westside Mothers v. Haveman

U.S. Court of Appeals for the Sixth Circuit

Mothers v. Olszewski

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT - Receipt # 27628 - Date Fee Received: 7/12/99 (LS) (Entered: 07/14/1999)

SUMMONS returned executed by process server on 7/15/99 - answer due 8/4/99 for James K. Haveman Jr., for Robert Smedes (LS) (Entered: 08/04/1999)

APPEARANCE for James K. Haveman Jr., Robert Smedes of attorney Erica W. Marsden with notice and proof of mailing (LS) (Entered: 08/05/1999)

AFFIRMATIVE defenses by defendants (LS) (Entered: 08/05/1999)

NOTICE by the court of Rule 16 and Rule 26(f) scheduling consultation setting deadline for plan and status report for 8/30/99 with proof of mailing (nh) (Entered: 08/17/1999)

MOTION by plaintiff to certify class action with brief and proof of mailing. (LS) (Entered: 10/15/1999)

NOTICE by Judge Robert H. Cleland's chambers setting hearing on motion to certify class action by Amer Acad Dentists, Amer Acad Pediatrics, Move Inc, MI League Human Svc and Westside Mothers [6-1] for 2:00 on 1/5/00 ; with proof of mailing (dp) (Entered: 10/19/1999)

NOTICE by Judge Robert H. Cleland's chambers setting scheduling conference for 2:00 on 10/28/99 ; with proof of mailing (dp) (Entered: 10/19/1999)

STATUS conference held - Judge Robert H. Cleland (lt)

ORDER by Judge Robert H. Cleland, setting deadline for defendant to file dispositive motions for 11/9/99, setting deadline for response to motion to certify class action by plaintiffs [6-1] for 11/15/99, setting deadline for plaintiff's to respond to defendants' motion for dismissal/summary disposition for 11/23/99, and setting deadline for reply to response to motion to class action by plaintiff's [6-1] for 12/1/99 with proof of mailing [EOD Date 11/1/99] (nh) (Entered: 11/01/1999)

MOTION by defendant for judgment on the pleadings and/or summary judgment against individual plaintiffs with brief and proof of mailing (lg) (Entered: 11/10/1999)

EXHIBITS filed by defendants in support of motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by Robert Smedes, James K. Haveman Jr. [10-1] (lg) (Entered: 11/10/1999)

APPLICATION by defendants for permission to file brief in excess of page limit (lg) (Entered: 11/10/1999)

MOTION by defendants for judgment on the pleadings against organizational plaintiffs with brief (lg) (Entered: 11/10/1999)

NOTICE of setting hearing on motion for judgment on the pleadings against organizational plaintiffs by James K. Haveman Jr., Robert Smedes [13-1] for 2:00 pm on 1/5/00, motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] for 2:00 pm on 1/5/00 with proof of mailing (lg) (Entered: 11/16/1999)

ORDER by Judge Robert H. Cleland granting application for permission to file brief in excess of page limit by James Haveman Jr., Robert Smedes [12-1] [EOD Date 11/16/99] (lg) (Entered: 11/16/1999)

MEMORANDUM by defendants in opposition to motion to certify class action by Westside Mothers, MI League Human Svc, Families Move Inc, Amer Acad Pediatrics, Amer Acad Dentists with proof of mailing [6-1] (lg) (Entered: 11/16/1999)

APPLICATION by plaintiff to file a brief with excess pages for the memorandum of law in opposition to motion for judgment on the pleadings (LS) (Entered: 11/24/1999)

RESPONSE by plaintiffs to motion to dismiss organizational plaintiffs by James K. Haveman Jr., Robert Smedes [13-1] (LS) (Entered: 11/24/1999)

ORDER by Judge Robert H. Cleland granting application to file a brief with excess pages for the memorandum of law in opposition to motion for judgment on the pleadings by plaintiffs [17-1] [EOD Date 11/29/99] (cm) (Entered: 11/29/1999)

RESPONSE by plaintiffs in opposition to motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] with exhibits A-B (cm) (Entered: 11/29/1999)

PROOF of mailing by plaintiffs of motion to file brief, response to motion for judgment on pleadings and/or summary judgment and response to motion to dismiss organizational plaintiffs (cm) (Entered: 11/30/1999)

REPLY by plaintiffs to response to motion to certify class action by Westside Mothers, MI League Human Svc, Families Move Inc, Amer Acad Pediatrics, Amer Acad Dentists [6-1] with proof of mailing (LS) (Entered: 12/02/1999)

REPLY brief by defendants' Robert Smedes and James K. Haveman Jr. to response (document #20) and in support of motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] with exhibits, application for permission to file reply brief in excess of page limit and proof of mailing. (cf) (Entered: 12/08/1999)

ORDER by Judge Robert H. Cleland, dismissing in part, count IV of plaintiffs' complaint with proof of mailing [EOD Date 12/22/99] (nh) (Entered: 12/22/1999)

ORDER for further briefing by Judge Robert H. Cleland, setting deadline for response to motion to certify class action by plaintiff's [6-1] for 2/7/00, setting deadline for reply to response to motion to certify class action by plaintiff's [6-1] 2/25/00 with proof of mailing [EOD Date 12/27/99] (nh) (Entered: 12/27/1999)

ORDER by Judge Robert H. Cleland granting in part and denying in part motion for judgment on the pleadings organizational plaintiffs by James K. Haveman Jr., Robert Smedes [13-1] [EOD Date 12/29/99] (lg) (Entered: 12/29/1999)

APPLICATION by plaintiffs' to file brief in excess of page limit with proof of mailing. (no brief) (cf) (Entered: 02/08/2000)

SUPPLEMENTAL brief by defendants' Robert Smedes and James K. Haveman Jr. with proof of mailing. (cf) (Entered: 02/08/2000)

ORDER by Judge Robert H. Cleland granting application to file brief in excess of page limit by plaintiffs [27-1] with proof of mailing. [EOD Date 2/9/00] (cf) (Entered: 02/09/2000)

ANSWER (titled "memorandum of law") by plaintiffs' in response to the court's 12/21/99 order for further briefing - order setting deadline for response to motion to certify class action by plaintiff's [6-1] for 2/7/00 [25-1], order setting deadline for reply to response to motion to certify class action by plaintiff's [6-1] 2/25/00 [25-2], order [25-3] with exhibits and proof of mailing. (cf) (Entered: 02/09/2000)

MEMORANDUM by plaintiffs in response to supplemental brief by Robert Smedes and James K. Haveman Jr. [28-1]; with proof of mailing (dp) (Entered: 02/28/2000)

REPLY brief by defendants in response to order for further briefing (relating to the arguments raised by plaintiffs in their 2/7/00 brief regarding the court's order for futher briefing with attachment A and proof of mailing (LS) (Entered: 02/28/2000)

MOTION by movant MI Municipal League for leave to appear as amicus curiae with proof of mailing. (no brief) (cf) (Entered: 06/16/2000)

APPEARANCE (notice of) for movant MI Municipal League of attorney Jeffrey S. Sutton with proof of mailing. (cf) (Entered: 06/16/2000)

ORDER by Judge Robert H. Cleland granting motion for leave to appear as amicus curiae by MI Municipal League [33-1] [EOD Date 6/20/00] (nh) (Entered: 06/20/2000)

SCHEDULING order by Judge Robert H. Cleland that the Michigan Municipal Legue file its brief on the issues addressed in the court's 12/21/99 order by 7/18/00, the parties have until 8/1/00 to file any responses to Michigan Municipal League's brief, if responses are filed MML may request to file a reply and a hearing is set for 8/10/00 at 1:00 pm with proof of mailing [EOD Date 6/21/00] (LS) (Entered: 06/21/2000)

MOTION by plaintiff for reconsideration of order [35-1] with brief and proof of mailing (cm) (Entered: 07/10/2000)

ORDER by Judge Robert H. Cleland denying motion for reconsideration of order [35-1] by plaintiffs [37-1] and allowing MML to participate as amicus curiae with proof of mailing [EOD Date 7/14/00] (LS) (Entered: 07/14/2000)

ORDER by Judge Robert H. Cleland confirming 8/11/00 hearing date with attachment and proof of mailing [EOD Date 7/20/00] (kg) (Entered: 07/20/2000)

AMICUS curiae brief by MI Municipal League, with proof of mailing (kg) (Entered: 07/21/2000)

MOTION by movant MI Municipal League to quash subpoena for production of documents, and for sanctions with brief, exhibit A and proof of mailing (cm) (Entered: 07/31/2000)

RESPONSE by plaintiffs to motion to quash subpoena for production of documents [41-1] and for sanctions by MI Municipal League [41-2] with proof of mailing (kg) (Entered: 08/02/2000)

RESPONSE by plaintiffs to brief by MI Municipal League [40-1] with proof of mailing (kg) (Entered: 08/02/2000)

ORDER by Judge Robert H. Cleland with motion granting request by Michigan Municipal League to file a reply brief in support of their motion to quash subpoena for production of documents and for sanctions (document 41) [EOD Date: 8/11/00] (dp) (Entered: 08/11/2000)

REPLY by MI Municipal League to response to motion to quash subpoena for production of documents [41-1] and motion for sanctions [41-2] with proof of mailing (dp) (Entered: 08/11/2000)

MOTION hearing held on motion to quash subpoena for production of documents by MI Municipal League [41-1], motion for sanctions by MI Municipal League [41-2] - disposition: GRANTED - Judge Robert H. Cleland - Court Reporter: Janice Coleman (lt)

MOTION hearing held on motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr., Robert Smedes [10-1] - disposition: TAKEN UNDER ADVISEMENT - Judge Robert H. Cleland - Court Reporter: Janice Coleman (lt)

ORDER by Judge Robert H. Cleland granting motion to quash subpoena for production of documents [41-1] and for sanctions by MI Municipal League [41-2]; with proof of mailing (see order for complete provisions) [EOD Date 8/17/00] (dp) (Entered: 08/17/2000)

OBJECTIONS by plaintiff to brief by MI Municipal League [40-1] with proof of mailing (lg) (Entered: 09/25/2000)

MEMORANDUM opinion and order by Judge Robert H. Cleland granting motion for judgment on the pleadings and/or summary judgment against individual plaintiffs by James K. Haveman Jr. and Robert Smedes [10-1], denying motion to certify class action by Westside Mothers, MI League Human Svc, Families Move Inc, Amer Acad Pediatrics and Amer Acad Dentists [6-1] and dismissing complaint [1-1] with prejudice; with proof of mailing [EOD Date: 3/26/01] (dp) (Entered: 03/26/2001)

APPEAL by plaintiffs Veda T., Vicki K., Tangela W., Dm.J., Dn.J., D.J., Lois Ann K., B.K., Amer Acad Dentists, Amer Acad Families Move Inc, MI League Human Svc, Westside Mothers, K.K., K.T. and J.T. of orders [24-1], [26-1], [46-1] and order [48-1] to USCA with proof of mailing - FEE: PAID - Receipt #: 415898 (lb) (Entered: 04/09/2001)

PROOF of mailing of notice of appeal to USCA, counsel of record and Court Reporter Janice Coleman (lb) (Entered: 04/09/2001)

CERTIFIED copy of appeal notice by plaintiffs [49-1] and docket transmitted to USCA (lb) (Entered: 04/09/2001)

TRANSCRIPT taken on 8/10/00 of telephone conference call hearing before Judge Cleland. (cf) (Entered: 04/20/2001)

TRANSCRIPT taken on 8/14/00 of oral arguments before Judge Cleland. (cf) (Entered: 04/20/2001)

ACKNOWLEDGEMENT from USCA of receipt of appeal notice by plaintiffs [49-1] - appeal case # 01-1494 (dp) (Entered: 04/24/2001)

TRANSCRIPT order form by plaintiffs regarding appeal notice by plaintiffs [49-1] requesting no transcript - appeal case #01-1494 (kg) (Entered: 05/01/2001)

NON-CERTIFIED copy of JUDGMENT from USCA it is ordered that the district court's grant of summary judgment to defendants is reversed, and that the district court's dismissal of organizational plaintiffs for lack of standing is affirmed in part and reversed in part and the case is remanded - appeal case # 01-1494 (lg) Modified on 05/31/2002 (Entered: 05/21/2002)

SLIP opinion from USCA reversing the district court's grant of summary judgment to defendants and affirm in part and reverse in part the district court's dismissal of organizational plaintiffs for lack of standing and remand the case for futher proceedings - appeal case # 01-1494 (lg) Modified on 05/31/2002 (Entered: 05/21/2002)

ERRATA for appeal order [57-1] (lg) (Entered: 05/30/2002)

BILL of costs by plaintiffs in the amount of $ 105.00 (LS) (Entered: 06/03/2002)

COSTS taxed for plaintiffs in the amount of $ 105.00 by Lorelie J. Self with proof of service (LS) Modified on 06/03/2002 (Entered: 06/03/2002)

NON-CERTIFIED copy of order from USCA granting motion - appeal case #01-1494 (kg) (Entered: 06/25/2002)

NOTICE from the US Supreme Court that a petition for writ of certiorari was filed and placed on the docket (dp) (Entered: 09/17/2002)

ORDER by Judge Robert H. Cleland, setting date for plaintiffs to file a statement showing whether and on what date the ordered sanctions have been paid for 10/21/02 [EOD Date 10/9/02] (lg) (Entered: 10/09/2002)

STATEMENT by plaintiffs regarding satisfaction of sanctions with attachments 1-5 and proof of service [EOD Date: 10/22/02] (cm) (Entered: 10/22/2002)

ORDER by Judge Robert H. Cleland, overruling plaintiffs' objections and directing that sanctions be paid forthwith [EOD Date 10/31/02] (lg) (Entered: 10/31/2002)

PROOF of re-service by court of [65-1], [65-2] (kg) (Entered: 11/18/2002)

APPEAL by plaintiffs Veda T., Vicki K., Tangela W., Dm.J., Dn.J., D.J., Lois Ann K., B.K., Amer Acad Dentists, Amer Acad Pediatrics, Families Move Inc, MI League Human Svc, Westside Mothers, K.K., K.T. and J.T. of order [65-1] to USCA - FEE: PAID - Receipt #: 477930 (lb) (Entered: 11/22/2002)

PROOF of service of notice of appeal [67-1] to USCA, counsel of record and Janice Coleman, Court Reporter (lb) (Entered: 11/22/2002)

CERTIFIED copy of appeal notice by plaintiffs [67-1] and docket transmitted to USCA (lb) (Entered: 11/22/2002)

COPY of order overruling plaintiffs' objections and directing that sanctions be paid forthwith [65-1], order [65-2] mailed to Howard Nelson and returned as undeliverable (kg) (Entered: 12/03/2002)

NOTICE from the US Supreme Court that a petition for writ of certiorari was filed and placed on the docket (kg) (Entered: 12/12/2002)

ACKNOWLEDGMENT from USCA of receipt of appeal notice by plaintiffs [67-1] - appeal case #02-2477 (kg) (Entered: 12/20/2002)

TRANSCRIPT order form by plaintiff Westside Mothers regarding appeal notice by plaintiffs [67-1] requesting transcript of: 8/10/00 - appeal case #02-2477 (kg) (Entered: 12/30/2002)

TRANSCRIPT taken on 8/10/00 of telephone conference (kg) (Entered: 01/06/2003)

MANDATE from USCA affirming, reversing and remanding the decision of the District Court - appeal case # d01-1494 (nh) (Entered: 04/16/2003)

CERTIFIED copy of order from USCA recalling mandate on - appeal case # 01-1494 (nh) (Entered: 04/16/2003)

CERTIFIED copy of order from USCA dismissing case [0-0] - appeal case # 02-2477 (nh) (Entered: 04/24/2003)

AMENDED MANDATE of USCA as to 49 Notice of Appeal- remanded. [Appeal Case Number 01-1494] (LBeh, ) (Entered: 09/01/2004)

Minute Entry -Status Conference held on 10/4/2004 before Honorable Robert H Cleland. (MLan, )

ORDER Establishing Briefing Schedule - Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 10/07/2004)

MOTION for Class Certification by plaintiffs. (Attachments: # 1 Document Continuation)(JGilb, ) (Entered: 10/18/2004)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f).(JGilb, ) (Entered: 10/18/2004)

STIPULATION by the parties to File An Amended Complaint.(JGilb, ) (Entered: 10/19/2004)

FIRST AMENDED COMPLAINT filed by all plaintiffs against Paul Reinhart and Janet Olszewski.(JGilb, ) (Entered: 10/19/2004)

MOTION for Leave to Commence Discovery by plaintiffs. (JGilb, ) (Entered: 10/21/2004)

ORDER granting 82 Stipulation for Leave to File Amended Complaint - Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 10/27/2004)

ORDER denying 84 Plaintiff's Motion for Leave to Commence Discovery- Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 10/27/2004)

STIPULATION, by the parties, for Extension of Time to File response to 80 Plaintiffs' MOTION to Certify Class. (JGilb, ) (Entered: 11/09/2004)

MOTION for Leave to File Brief Exceeding Page Limit by defendants. (JGilb, ) (Entered: 11/23/2004)

MOTION to Dismiss and/or for Summary Judgment by defendants. (Attachments: # 1 Document Continuation # 2 Document Continuation # 3 Document Continuation # 4 Document Continuation # 5 Document Continuation)(JGilb, ) (Entered: 12/01/2004)

ORDER granting 88 Motion for Leave to File Excess Pages- Signed by Honorable Robert H Cleland. (JGilb, ) (Entered: 12/01/2004)

NOTICE of hearing on 89 MOTION to Dismiss MOTION for Summary Judgment. Motion Hearing set for 2/2/2005 02:00 PM before Honorable Robert H Cleland. (LTee, ) (Entered: 12/03/2004)

Ex Parte MOTION for Leave to File Excess Pages in Brief in Response to Motion to Dismiss and/or Summary Judgment by all plaintiffs. (Clarke, Jennifer) (Entered: 12/13/2004)

RESPONSE to 89 MOTION to Dismiss MOTION for Summary Judgment filed by all plaintiffs. (Attachments: # 1 Index of Exhibits # 2 Exhibit Exhibits A through D)(Clarke, Jennifer) (Entered: 12/13/2004)

RESPONSE BRIEF IN OPPOSITION to 80 Plaintiffs' MOTION to Certify Class filed by defendants. (JGilb, ) (Entered: 12/23/2004)

Ex Parte MOTION for Leave to File Excess Pages for Reply Brief in Support of Class Certification by all plaintiffs. (Clarke, Jennifer) (Entered: 01/06/2005)

REPLY to Response re 80 MOTION to Certify Class filed by all plaintiffs. (Clarke, Jennifer) (Entered: 01/06/2005)