Case: Lozeau v. Lake County

No Court

COMPLAINT (MGS) (Entered: 07/06/1995)

FILING FEE PAID: on 6/30/95 in the amount of $ 120.00, receipt # 16208. (MGS)

SUMMONSES(5) issued as to defendants; origs to cnsl for svc. (MGS)

MINUTES: per standing orders, Case referred to Mag Judge Leif B. Erickson (MGS)

AMENDED COMPLAINT [1-1] by plaintiffs (changes deft Baker's name from Mary to Barry) - Summons re-issued & handed to cnsl for svc. (MGS) (NOS). (Entered: 07/18/1995)

RETURN OF SERVICE EXECUTED upon defendant Joe Geldrich on 7/12/95 (BAW) (Entered: 07/21/1995)

RETURN OF SERVICE EXECUTED upon defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker on 7/17/95 (BAW) (Entered: 07/21/1995)

RETURN OF SERVICE EXECUTED of the Amended Complaint (with corrected name) upon defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich on 7/19/95 (BAW) (Entered: 07/21/1995)

MOTION by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich to dismiss - NO BRIEF (BAW) Modified on 09/28/1995 (Entered: 08/28/1995)

FILE DELIVERED to PS/LC (MGS)

FINDINGS AND RECOMMENDATION by Mag Judge Leif B. Erickson concerning motion to dismiss [6-1], recommending it be denied. Objections to F/R due date: October 23, 1995. (cc: all counsel) (MGS) (Entered: 10/06/1995)

MINUTES: terminating case referral to Mag Judge Leif B. Erickson motion to dismiss (MGS)

FILE DELIVERED to Helena Div. Ofc (MGS)

ANSWER by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich to [2-1] (DMZ) (NOS). (Entered: 10/31/1995)

ORDER by Judge Charles C. Lovell adopting findings and recomendations motion FINDINGS AND RECOMMENDATION [7-1], denying motion to dismiss [6-1] with prejudice, Case referred to Mag Judge Leif B. Erickson for all pretrial proceedings (cc: Connell, Pevar, Sheridan, LBE) (DMZ) (Entered: 10/31/1995)

FILE DELIVERED to Msla for LBE (DMZ)

PRELIMINARY Pre-trial Conference Order by Mag Judge Leif B. Erickson ; prelim pretrial conf set for 4:00 11/29/95 (cc: all counsel) (KJH) (Entered: 11/10/1995)

STIPULATION BY ALL that the Preliminary Pretrial Conference be rescheduled on 12/21/95 at 2:00PM re [10-1] (BAW) (Entered: 12/06/1995)

ORDER by Mag Judge Leif B. Erickson granting stipulation that Preliminary Pretrial Conference be rescheduled on 12/21/95 at 2:00PM in Missoula; file and serve a prediscovery disclosure statement no later than 15 days prior to the conf.; file and serve a Prelim Pretrial Stmt no later than 7 days prior to the conf; counsel are advised that failure to provide adequate information in the prelim pretrial statement may be deemed an admission that this is a non-complex case; counsel are requested to confer relative to the enclosed prelim pretrial conf report and if able to submit a joint copy to the court no later than 5 days prior to the pretrial conf. [11-1] (cc: all counsel) (BAW) Modified on 12/13/1995 (Entered: 12/06/1995)

MOTION by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown to certify class action (BAW) (NOS). (Entered: 12/06/1995)

BRIEF by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown in support of motion to certify class action [13-1] (BAW) (NOS). (Entered: 12/06/1995)

PREDISCOVERY DISCLOSURE STATEMENT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (BAW) (Entered: 12/07/1995)

Received letter from Mark S. Connell that he inserted the wrong date of 12/3/95 instead of 12/4/95 on his motion for class certification. (BAW)

PREDISCOVERY DISCLOSURE STATEMENT by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (BAW) (Entered: 12/13/1995)

PRELIMINARY PRETRIAL STATEMENT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (BAW) (Entered: 12/14/1995)

RESPONSE by defendants to motion to certify class action [13-1] (MGS) (NOS). (Entered: 12/19/1995)

PRELIMINARY PRETRIAL STATEMENT by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (KJH) (Entered: 12/19/1995)

SCHEDULING ORDER Mag Judge Leif B. Erickson; preliminary pretrial conf held on 12/22/95; Motion filing: Mtns to Compel due 6/13/96 and all other motions due 7/1/96; Discovery due: 5/30/96; Status report: 4/15/96; pltf to i.d. exerts by 2/29/96 and defts by 3/29/96; pltf cnsl to convene atty conf during wk of 9/30/96 and FPTO due 10/15/96; Settlement Date is 10/7/96. (cc: all counsel) (KJH) (Entered: 12/22/1995)

ORDER by Judge Charles C. Lovell upon consent of parties this case transferred to Mag Judge Robert M. Holter for final disposition (cc: all counsel) (MGS) (Entered: 01/12/1996)

FILE DELIVERED to Gt Falls Div Ofc for Judge Holter (MGS)

REPLY by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown to response to motion to certify class action [13-1] (MAC) (NOS). (Entered: 01/18/1996)

MINUTES: that the motion to certify class action [13-1] is submitted before Mag Judge Robert M. Holter (MAC) (Entered: 01/18/1996)

ORDER by Mag Judge Robert M. Holter setting hearing on motion to certify class action [13-1] 1:00 2/23/96 (cc: counsel) (MAC) Modified on 02/23/1996 (Entered: 01/18/1996)

STIPULATION AND MOTION by plaintiffs, defendants to hold in abeyance until further order of court plaintiffs' pending motion for class certification 13, to continue hearing on the motion which is currently set for 02/23/96 without date, to vacate all pre-trial scheduling deadlines as parties have a tentative settlement of the case (MAC) (Entered: 02/14/1996)

PROPOSED Order granting mtn 25 submitted by plaintiff, defendant - submitted to Mag Judge Robert M. Holter (MAC)

ORDER by Mag Judge Robert M. Holter granting motion to hold in abeyance until further order of court plaintiffs' pending motion for class certification 13 [25-1], granting motion to continue hearing on the motion which is currently set for 02/23/96 without date [25-2], granting motion to vacate all pre-trial scheduling deadlines [25-3], CASE STAYED regarding [26-2] ; Pretrial order ddl VACATED 2/16/96; case management ddl set for 5/15/96 for parties to notify court if settlement has been reached (cc: all counsel) (MAC) (Entered: 02/16/1996)

MINUTES: case management ddl NOT satisfied on 5/15/96 before Mag Judge Robert M. Holter as parties have not advised court if case has settled. (MAC)

FILE DELIVERED to Mag Judge Robert M. Holter for review of file (MAC)

ORDER by Mag Judge Robert M. Holter ; case management ddl set for 6/21/96 for parties to file status reports re progress of settlement negotiations (cc: all counsel) (MAC) (Entered: 06/06/1996)

STATUS REPORT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (MAC) (Entered: 06/14/1996)

STATUS REPORT by defendant Lake County, Montana, defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (MAC) (Entered: 06/14/1996)

MINUTES: case management ddl satisfied on 6/14/96 by submission of status reports before Mag Judge Robert M. Holter C/R: (MAC)

FILE DELIVERED to Mag Judge Robert M. Holter for review of status reports (MAC)

MINUTES: case management ddl set for 6/28/96 for parties to advise court if agreement has been reached on terms of the Consent Decree before Mag Judge Robert M. Holter (MAC)

MINUTES: case management ddl NOT satisfied on 8/5/96 before Mag Judge Robert M. Holter with file delivered to court for review (MK)

ORDER by Mag Judge Robert M. Holter ; case management ddl set for 8/21/96 for pties to file STATUS REPORTS on progress of settlement negotiations (cc: all counsel) (LAV) (Entered: 08/09/1996)

STATUS REPORT by plaintiff Harry Lozeau, plaintiff Douglas Matt, plaintiff Angela Hawkins, plaintiff Reynaldo Thompson, plaintiff Wayne Brown (MK) (Entered: 08/22/1996)

STATUS REPORT by defendant David Stipe, defendant Michael Hutchin, defendant Barry Baker, defendant Joe Geldrich (MK) (Entered: 08/22/1996)

MINUTES: case management ddl satisfied on 8/20/96 by filing of status reports (MK)

FILE DELIVERED to Mag Judge Robert M. Holter for review of status reports (MK)

ORDER by Mag Judge Robert M. Holter: status hearing on pending settlement negotiations set for 11:15AM on 10/11/96 in Msla, MT (cc: all counsel) (MJG) (Entered: 09/26/1996)

MOTION by plaintiff, defendant for order that defendants post copies of "Notice to Inmates" in appropriate locations of the Lake County Detention Center for a period of 25 continuous days, beginning on the fifth day following date of this order; and for defendants to provide copy of proposed Consent Decree, Order and Judgment which has been executed by the parties, and the Montana Jail Standards for Detention Facilities for which it refers, to all inmates who request opportunity to review them (MK) (NOS). (Entered: 10/07/1996)

ORDER by Mag Judge Robert M. Holter granting motion for order that defendants post copies of "Notice to Inmates" in appropriate locations of the Lake County Detention Center for a period of 25 continuous days, beginning on the fifth day following date of this order; and for defendants to provide copy of proposed Consent Decree, Order and Judgment which has been executed by the parties, and the Montana Jail Standards for Detention Facilities for which it refers, to all inmates who request opportunity to review them [34-1] (cc: all counsel; C/C Missoula) (MK) (NOS). (Entered: 10/07/1996)

MINUTES: Status hearing VACATED 10/7/96; case management ddl set for 12/2/96 for review of settlement status before Mag Judge Robert M. Holter (MK)

PROPOSED Consent Decree/Judgment delivered to Mag Judge Robert M. Holter for review (MK)

CONSENT DECREE, ORDER AND JUDGMENT: by Mag Judge Robert M. Holter adopting Consent Decree and dismissing case (cc: all counsel) (MK) (NOS). (Entered: 10/29/1996)

PROPOSED lodged stip/joint mtn & order submitted by plaintiffs; TO RMH (LAV)

ORDER by Mag Judge Robert M. Holter granting motion to extend time to file motion per stipulation to 11/20/96 37 [37-1], granting stipulation [37-1] (cc: all counsel) (MK) (Motion and Order on page 2 of Stipulation.) (NOS) (Entered: 11/06/1996)

BILL OF COSTS submitted by plaintiff re [36-2] (MK) (Entered: 11/06/1996)

ORDER by Mag Judge Robert M. Holter granting motion to extend to 12/9/96 time for plaintiffs to file motion for award of reasonable attorneys' fees, costs and expenses [39-1] (cc: all counsel) (MK) (Entered: 11/20/1996)

STIPULATION and ORDER by Mag Judge Robert M. Holter : that pltf shall have until 1/13/97 to file their mtn for an award of attys fees, costs & expenses (cc: all counsel) (LAV) (Entered: 12/13/1996)

NOTICE of Change of Address for Stephen L. Pevar & the American Civil Liberties Union to 1888 Sherman St, Suite 380, Denver, CO 80203; phone 303-839-5752 (sent cpy to Debbie in Blgs) (MJG) (Entered: 01/06/1997)

MINUTES: received letter dated 4-1-97 from Dennis W. Sessions, c/o Lake Co. Sheriff's Office, Polson, MT 59860, listing violations of the consent decree entered in this matter. Copies of this complaint were mailed to all counsel of record. (MK)

FILE DELIVERED to C/C Missoula for filing in closed files (MK)

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion for order requiring defendants to appear and show cause why they should not be found in contempt of court for violations of Consent Decree in this case [42-1] (MK) Modified on 10/31/1997 (Entered: 10/31/1997)

MINUTES: regarding [42-1] ; case management ddl set for 11/10/97 for defendants to file response to motion before Mag Judge Robert M. Holter C/R: n/a (MK)

REMARK - copy of motion 42 delivered to court for review (MK)

ORDER by Mag Judge Robert M. Holter granting motion for order requiring defendants to appear and show cause why should not be found in contempt of court for violations of Consent Decree in this case [42-1] ; status hearing set for 1:30 11/20/97 in MISSOULA; parties are to arrange for inspection tour of Lake County Detention Center for the court and court staff members, counsel for the parties, at 10:30 a.m. on 11/21/97 (cc: all counsel) (MK) (Entered: 11/04/1997)

RESPONSE to Motion for Order to Show Cause, by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana (KJH) (NOS). (Entered: 12/04/1997)

MINUTES: before Mag Judge Robert M. Holter; Mark S. Connell, atty for pltfs and Robert S. Sheridan, atty for dfts present for status hearing; also present Robert Long, Deputy County Attorney for Lake county; on mtn of atty Sheridan, Robert Long and Lake County Attorney Kim Christopher added as dft cnsl; following discussion, crt ruled that depositions relative to the issue of noncompliance with the Consent Decree are to be completed by 1/15/98; evidentiary hearing to be scheduled approx 1/20/98; crt and counsel will make informal viewing of Lake County Jail on 1/20/97 C/R: Julie Lake (KJH) (Entered: 12/04/1997)

ORDER by Mag Judge Robert M. Holter: (Status hearing held 11/20/97); Evidentiary hearing re pltfs' mtn to show cause why defts should not be held in contempt for violations of crt's Consent Decree, set for 9:00am on 1/23/98 IN MISSOULA ; exhibits pertaining to hrg shall be filed by 1/20/98 (cc: all counsel) (MJG) Modified on 12/04/1997 (Entered: 12/02/1997)

FILE DELIVERED to Great Falls from Missoula by certified mail (KJH)

ORDER by Mag Judge Robert M. Holter: Evidentiary hrg set for 1/23/98 at 9:00am in Msla will be held instead at Lake Cnty Courthouse in Polson, MT (same date & time) (cc: all counsel) (MJG) (Entered: 12/05/1997)

REMARK; per information from L/C C. Lewis/RMH, hrg will not go as sched on 1/23/98; crt is awaiting stlmnt documents (LAV)

ORDER by Mag Judge Robert M. Holter: Issued involved in pltfs' mtn to show cause for contempt have been resolved by agreement between parties; In-court hearing set for 1/23/98 is VACATED (cc: all counsel) (MJG) (Entered: 01/23/1998)

STIPULATION, JOINT MOTION & ORDER RE CONTEMPT, by Mag Judge Robert M. Holter (cc: all counsel) (MJG) (NOS). (Entered: 01/27/1998)

FILE DELIVERED to C/C Msla by cert mail #P413352 (MJG)

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion for award of attorney fees [50-1] (MJG) (Entered: 02/06/1998)

FILE DELIVERED to Great Falls from Missoula by certified mail (KJH)

MINUTES: that the Plaintiff's motion for award of attorney fees [50-1] is submitted before Magistrate Judge Richard F. Cebull (REW) (Entered: 03/04/1998)

ORDER by Magistrate Judge Richard F. Cebull finding the motion for award of attorney fees [50-1] moot by the agreement between the parties, Pltf's Motion for Award of Attorney's Fees is dismissed as to the $19,380.10 claim. If there remains a dispute as to attorneys' fees & expenses incurred after the filing of the motion, Pltfs are advised to file a new motion delineating those fees and expenses. For now, the issue of fees & expenses is considered resolved by this Court. (cc: all counsel) (LJM) (Entered: 10/15/1998)

FILE DELIVERED to Msla by cert mail for closure (REW)

RECEIVED file from GTF-Judge Cebull does not want file-returned to storage (MGS)

MOTION by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau for order to show cause why the defendants should not be held in contempt, and for order setting discovery (LJM) (NOS). (Entered: 02/01/1999)

PROPOSED Order Setting Discovery Schedule submitted by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau...to RFC. (LJM)

FILE DELIVERED by certified mail to Great Falls for review by Judge Cebull (SAN)

ORDER SETTING DISCOVERY SCHEDULE by Magistrate Judge Richard F. Cebull: parties may engage in reasonable disc for 120 days, to 6/3/99, re whether defts have maintained full compliance w/crt's Consent Decree; parties to file status rpt stating whether issues raised have been resolved & whether further proceedings are necessary, by 7/5/99 (cc: all counsel) (MJG) (Entered: 02/04/1999)

MOTION by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau for summary judgment (LJM) (NOS). (Entered: 04/13/1999)

RESPONSE by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana to motion for summary judgment [55-1] (LJM) (NOS). (Entered: 04/13/1999)

AFFIDAVIT of Stephen L. Pevar re [55-1] Motion for Summary Judgment (LJM) (Entered: 04/13/1999)

REPLY by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau to response to motion for summary judgment [55-1] file delivered to: RFC (LJM) (NOS). (Entered: 04/26/1999)

MINUTES: that the Pltf's motion for summary judgment [55-1] is submitted, that the Pltf's motion for order to show cause why the defendants should not be held in contempt [53-1] is submitted, that the Pltf's motion for order setting discovery [53-2] is submitted before Magistrate Judge Richard F. Cebull (REW) (Entered: 04/27/1999)

MOTION by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana to terminate consent decree (LJM) (NOS). (Entered: 04/30/1999)

ORDER by Magistrate Judge Richard F. Cebull denying motion for summary judgment [55-1], regarding Motion for Contempt, [53-1] Deft not required to respond to Pltf Motion for contempt until further order of this Court. ; status hearing set for 1:30 7/22/99 by phone, to be intiated by pltf. (cc: all counsel) (LJM) (NOS). (Entered: 04/30/1999)

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion to have unanswered requests for admission deemed admitted [62-1] (LJM) (Entered: 05/04/1999)

MEMORANDUM/BRIEF by plaintiff Wayne Brown, plaintiff Reynaldo Thompson, plaintiff Angela Hawkins, plaintiff Douglas Matt, plaintiff Harry Lozeau in support of motion to compel [63-1], of motion for sanctions [63-2] (LJM) (Entered: 05/04/1999)

AFFIDAVIT of Stephen L. Pevar re [62-1] Motion to have Unanswered Requests for Admission Deemed Admitted. (LJM) (NOS). (Entered: 05/04/1999)

RESPONSE by defendant Joe Geldrich, defendant Barry Baker, defendant Michael Hutchin, defendant David Stipe, defendant Lake County, Montana to motion to compel [63-1], to motion for sanctions [63-2], to motion to have unanswered requests for admission deemed admitted [62-1] (LJM) (NOS). (Entered: 05/05/1999)

REMARK - Vol. 2 begins here ....................... (TLO)

MOTION by plaintiffs to extend discovery deadline (called cnsl for proposed order) (TLO) Modified on 05/10/1999 (Entered: 05/10/1999)