Case: Doe v. Younger

Doe(s) v. Knauf

Doe v. Kentucky

COMPLAINT ( 8 summons(es) issued) with copies, Fee Paid $ 120.00, Receipt No. 043306 (Entered: 09/01/1993)

MOTION w/attached Memorandum in Support by defendant Steven R. Jaeger to dismiss Modified on 12/08/1995 (Entered: 09/01/1993)

ANSWER by defendant John T. Wigginton to [1-1] Plaintiff's Complaint (Entered: 09/01/1993)

ANSWER by defendant James Knauf, defendant Kenton Cty Fiscal, defendant Clyde Middleton, defendant Charles Summe, defendant Bernard Moorman, defendant Richard Combs to [1-1] Plaintiff's Complaint; jury demand (Entered: 09/01/1993)

ORDER by Chief Judge Wm. O. Bertelsman dismissing party Harry J. Cowherd granting motion to dismiss [17-1], dismissing party Steven R. Jaeger, dismissing party Kenton County Fiscal, dismissing party Richard Combs, party Bernard Moorman, party Charles Summe (cc: all counsel) (Entered: 09/01/1993)

AMENDED COMPLAINT [1-1] by plaintiff John Doe(s), plaintiff Jean Doe(s) terminating defendant John T. Wigginton; adding Corrections Cab KY, Jack Lewis, Secretary (Entered: 09/01/1993)

ANSWER by defendant Corrections Cabinet of KY, Jack Lewis to [34-1], Plaintiff's Amended Complaint (Entered: 09/01/1993)

ANSWER by defendant James Knauf, defendant Clyde Middleton to [34-1] Plaintiff's First Amended Complaint (Entered: 09/01/1993)

ORDER by Chief Judge Wm. O. Bertelsman Case referred to Mag Judge J. G. Wehrman to supervise discovery and pretrial proceedings, up to and including setting final pretrial conference and trial dates (cc: all counsel) (Entered: 09/01/1993)

COMMENT - RF/MAG 636A

NOTICE OF APPEAL by defendant Corrections Cab KY from Dist. Court decision of Order of 3/19/93 (cc: all counsel) (Entered: 09/01/1993)

NOTIFICATION to 6CCA; Short Record Mailed, Appeal Package Mailed to Appellant, Copy of Docket Sheet to Parties; [131-1] (cc: all counsel)

COMMENT - IPP/4/14/93

TRANSCRIPT filed of Hearing before Wm. O. Bertelsman, Chief Judge Date(s) of transcript 3/1/93 at 9:00 a.m. (Entered: 09/02/1993)

TRANSMISSION FORM - Copy of docket sheets, Judge's Order of 3/19/93; Notice of Appeal of 4/14/93 mailed to: 6thCCA, Kimberly A. Brooks/C. McGehee Isaacs, Mr. James Bell, Suzanne D. Cordery, C. Thomas Hectus/W. Kenneth Nevitt and John Elfers.

ORDER OF REFERENCE by Chief Judge Wm. O. Bertelsman, reaching the conclusion that judicial economy and efficiency would be best served by referring the motions for leave to take additonal depositions to Hon. J. Gregory Wehrman pursuant to 28 U.S.C. 636(b)(1)(A) (cc: all counsel) (Entered: 09/02/1993)

NOTIFICATION by 6CCA of Appellate Docket Number 93-5556 (Entered: 09/02/1993)

ORDER by Chief Judge Wm. O. Bertelsman status hearing (status conference) set for 3:00 10/8/93 (cc: all counsel) (Entered: 09/02/1993)

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) for leave to take additional depositions (Entered: 09/02/1993)

MEMORANDUM OF POINTS AND AUTHORITIES by plaintiff John Doe(s), plaintiff Jean Doe(s) in support of motion for leave to take additional depositions [158-1] (Entered: 09/02/1993)

RESPONSE by defendant Corrections Cabinet of KY, Jack Lewis, Commissioner, to motion for leave to take additional depositions [158-1] (Entered: 09/10/1993)

RESPONSE by defendant James Knauf, defendant Clyde Middleton to motion for leave to take additional depositions [158-1] by Plaitniffs' John and Jean Doe (Entered: 09/13/1993)

ORDER by Mag Judge J. G. Wehrman telephone onference set for 10:00 9/22/93 on pending motion (cc: all counsel) (Entered: 09/15/1993)

ORDER by Mag Judge J. G. Wehrman pretrial conference held 9/22/93 denying motion for leave to take additional depositions [158-1] (cc: all counsel) (Entered: 09/22/1993)

TRANSCRIPT filed of Hearing before Chief Judge Wm. O. Bertelsman Date(s) of transcript 8/20/93 at 1:30p.m. (Entered: 09/28/1993)

MOTION by James Bell, counsel for plaintiff John Doe(s), and plaintiff Jean Doe(s) for appearance by Telephone (Entered: 10/04/1993)

SUBMITTED re motion for appearance by Telephone [165-1] is submitted

ORDER by Chief Judge Wm. O. Bertelsman granting motion for appearance by Telephone [165-1] (cc: all counsel) (Entered: 10/05/1993)

RESPONSE by defendant, Jack Lewis, Corrections Cabinet of KY to Motion of Plaintiff's Coounsel, James Bell to appear by telephone (Entered: 10/06/1993)

MOTION by Official Defendant James Knauf, Official Defendant Clyde Middleton to compel production of documents from U.S. Marshal's Service. (Entered: 10/08/1993)

SUBMITTED re motion to compel production of documents from U.S. Marshal's Service. [168-1] is submitted

ORDER by Chief Judge Wm. O. Bertelsman denying motion to compel production of documents from U.S. Marshal's Service. [168-1]; Parties are to submit to the undersigned a Consent Decree, properly executed and approved, on or before November 15, 1993. (cc: all counsel) (Entered: 10/12/1993)

NOTICE TO THE COURT FOR PURPOSES OF CLARIFICATION IN CONNECTION WITH COURT'S ORDERS ENTERED JULY 28, 1993, AUGUST 24, L993 and OCTOBER 12, L993 by defendant Corrections Cab KY (Entered: 10/21/1993)

REMARK - Kim Brooks advised Judge's Secretary that parties need until Thursday, November l8th to submit Consent Decree

TRANSCRIPT filed of Status Conference before Wm. O. Bertelsman, Chief Judge Date(s) of transcript 10/8/93 at 3:00 p.m. (Entered: 11/16/1993)

STIPULATION and ORDER of Parties by Chief Judge Wm. O. Bertelsman : The Notice of Class Action lawsuit to Plaintiffs will be removed from the Courthouse Building dismissing case (cc: all counsel) (Entered: 11/22/1993)

CERTIFIED COPY of 6CCA Order: (cc: all counsel) dismissing the appeal [131-1] (Entered: 12/09/1993)

ATTORNEY APPEARANCE for defendant Corrections Cab KY by Mark A. Sipek (Entered: 12/14/1993)

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) for attorney fees before Mag Judge J. G. Wehrman (Entered: 12/20/1993)

MEMORANDUM by plaintiff John Doe(s), plaintiff Jean Doe(s) in support of motion for attorney fees before Mag Judge J. G. Wehrman [175-1] (Entered: 12/20/1993)

STIPULATION re [175-1] that parties by counsel stipulate that both County and State Defendants have until January 24, l994 to respond to plaintiff's Motion for Attorneys Fees. (Entered: 01/07/1994)

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) to supplement Motion for Attorney Fees (Entered: 01/07/1994)

AFFIDAVIT of MICHAEL O'HARA re [175-1] (Entered: 01/07/1994)

SUBMITTED re motion to supplement Motion for Attorney Fees [178-1], re motion for attorney fees before Mag Judge J. G. Wehrman [175-1] is submitted

AMENDED STIPULATION Pursuant to LR 6(b)(1)(A) by counsel for parties that because of inclement weather conditions, both county and state defendants have up to and including Friday, 1/28/94 in which to respond to plf's motion for attorneys' fees, memorandum in support with appendix. (Entered: 01/24/1994)

RESPONSE by defendant James Knauf and defendant Clyde Middleton to Plaintiffs' motion for attorney fees before Mag Judge J. G. Wehrman [175-1] (Attached in separate envelope). Modified on 01/31/1994 (Entered: 01/31/1994)

RESPONSE by defendant Jack Lewis, Commissioner, Corrections Cab KY to Plaintiffs' motion for attorney fees before Mag Judge J. G. Wehrman [175-1] (Attached in separate envelope). (Entered: 01/31/1994)

ORDER by Chief Judge Wm. O. Bertelsman granting motion to supplement Motion for Attorney Fees [178-1] referring to Mag Judge J. G. Wehrman the motion for attorney fees before Mag Judge J. G. Wehrman [175-1] pursuant to 28 U.S.C. Section 636(b). (cc: all counsel) (Entered: 02/09/1994)

MOTION by plaintiff John Doe(s), plaintiff Jean Doe(s) to extend time before Mag Judge J. G. Wehrman (Entered: 02/09/1994)

SUBMITTED re motion to extend time before Mag Judge J. G. Wehrman [184-1], re motion for attorney fees before Mag Judge J. G. Wehrman [175-1] is submitted

ORDER by Mag Judge J. G. Wehrman granting motion to extend time before Mag Judge J. G. Wehrman [184-1]. Plaintiff's reply / brief is due on or before 2/16/94. (cc: all counsel) (Entered: 02/10/1994)

REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS' FEE APPLICATION by plaintiff John Doe(s) and plaintiff Jean Doe(s) re [175-1], Plaintiff's Motion for Attorney Fees. (Entered: 02/16/1994)

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ORDER by Mag Judge J. G. Wehrman setting motion for attorney fees before Mag Judge J. G. Wehrman [175-1] by oral argument on March 25, l994 at 9:30 a.m.; (cc: all counsel) (Entered: 02/25/1994)

ORDER by Mag Judge J. G. Wehrman: Oral argument on motion for attorney fees before Mag Judge J. G. Wehrman [175-1] set for March 25, l994 at 9:30 a.m. is VACATED and a telephonic status conference is set for 11:30 3/25/94 . (cc: all counsel) Modified on 03/22/1994 (Entered: 03/22/1994)

ATTORNEY SUBSTITUTION: terminating attorney Suzanne D. Cordery for Corrections Cab KY (Jack Lewis, Commissioner) and substituting attorney Barbara W. Jones (Entered: 03/24/1994)

ORDER by Mag Judge J. G. Wehrman: In lieu of oral argument scheduled--telephonic status hearing held 3/25/94 . (1) Parties to submit briefs on the legislataion passed, if any, regarding the requirements of the Juvenile Justice and Delinquency Prevention Act (JJDPA), including appropriate funding allocations-- reply / brief due 4/15/94, and (2) Oral Arguments in-court hearing set for 9:30 5/12/94 to be held on the General Assembly legislative enactments, if necessary, and plaintiffs' request for attorney fees. (cc: all counsel) (Entered: 03/28/1994)

ORDER by Mag Judge J. G. Wehrman; An impromptu telephone status conference was held on April 4, 1994. Counsel advised that the Kentucky General Assembly passed no legislation concerning juvenile facilities as contemplated in the tentative settlement agreement in this litigation; (1) A follow-up status hearing is set for 3:30 4/18/94; (2) paragraph 1 of the order filed March 25, 1994 regarding submission of briefs is VACATED. (cc: all counsel) (Entered: 04/04/1994)

ORDER by Mag Judge J. G. Wehrman (A telephonic status hearing held 4/18/94, and (1) Plainiff's (legal Memorandum ) response / brief due 5/9/94; Defendant's (reply memoranda) reply / brief due 5/31/94, and (2) (Oral argument) in-court hearing is VACATED on 4/18/94; (3) Counsel for the Corrections Cabinet is to advise the Court whether juvenile facility funding was passed in the Special Session of the Ky General Assembly. (cc: all counsel) (Entered: 04/19/1994)

BRIEF FILED (MEMORANDA) by plaintiff John Doe(s) and plaintiff Jean Doe(s) regarding [192-1] (Entered: 05/09/1994)

MOTION by defendant Corrections Cab KY (Jack Lewis) for leave to hold in abeyance the briefing schedule before Mag Judge J. G. Wehrman (Entered: 05/25/1994)

SUBMITTED re motion for leave to hold in abeyance the briefing schedule before Mag Judge J. G. Wehrman [194-1] is submitted

RESPONSE by plaintiff Jean Doe(s), plaintiff John Doe(s) to motion for leave to hold in abeyance the briefing schedule before Mag Judge J. G. Wehrman [194-1] (Entered: 05/31/1994)

ORDER by Mag Judge J. G. Wehrman (1) granting motion for leave to hold in abeyance the briefing schedule, or more specifically to delay the filing of its brief before Mag Judge J. G. Wehrman [194-1]; (2) Within (ten(10) days after conclusion of the special session of the Kentucky General Assembly, counsel shall submit to court and parties a copy of juvenile funding, if any; (3) in the event the Kentucky General Assembly passes juvenile legislation, the court will convene a telephone conference; (4) In the event the Kentucky General Assembly fails to pass juvenile legislation, the Corrections Cabinet shall submit its legal memorandum within ten (10) days of the closing of the special legislative session. (cc: all counsel) (Entered: 06/02/1994)

REMARK - Phone call today with Kim Brooks and Mark Sipek re: phone conference between Kim Brooks and Barbara Jones. Special legislative session to start June 6, 1994, previous order of 6/1/94 to stand.

NOTICE Of Special Session Call by defendant Corrections Cabinet KY of the Governor's call for the special session scheduled to begin June 6, 1994. (Entered: 06/03/1994)

JOINT RESPONSE by defendant Corrections Cab KY and Official Defendant Clyde Middleton to [192-4] and 196, Court's Orders of April 18, 1994 and June 2, 1994. (Entered: 07/06/1994)

ORDER by Mag Judge J. G. Wehrman; response / brief satisfied 7/5/94; reply / brief satisfied 7/5/94, and ; status hearing (oral argument) is set for 9:30 7/22/94 (cc: all counsel) (Entered: 07/13/1994)

REPORT AND RECOMMENDATION concerning motion for attorney fees before Mag Judge J. G. Wehrman [175-1] by Mag Judge J. G. Wehrman; responses to the R R due within 10 days of service or further appeal is waived (cc: all counsel) (Entered: 07/28/1994)

STATUS REPORT (letter form) by plaintiff Jean Doe(s), plaintiff John Doe(s) (Entered: 08/09/1994)

SUBMITTED re motion REPORT AND RECOMMENDATION [200-1], re motion for attorney fees before Mag Judge J. G. Wehrman [175-1] is submitted

ORDER by Chief Judge Wm. O. Bertelsman; (1) Case reopened for statistical purposes; status hearing was rescheduled 8/23/94; (2) adopting REPORT AND RECOMMENDATION [200-1] as the findings of fact and conclusions of law of this court; (3) denying as moot motion for attorney before Mag Judge J. G. Wehrman [175-1]; (4) That the plaintiffs' claims under the Juvenile Justice and Delinquency Prevent Act be, and they are, dismissed sua sponte; and (5) that a status conference hearing is hereby set for Thursday, 2:00 9/1/94. (cc: all counsel) (Entered: 08/24/1994)

ORDER by Chief Judge Wm. O. Bertelsman; counsel having a conflict with regard to the status conference set on 9/1/94 at 2:00; the status hearing (conference) is now set for Thursday, 1:00 9/8/94. (cc: all counsel) (Entered: 08/29/1994)

ORDER by Chief Judge Wm. O. Bertelsman ; status hearing held 9/8/94, and (1) Plaintiffs shall file a response / brief (preliminary brief) on or before 10/21/94; Defendant's reply / brief is due on or before 11/21/94; (2) All discovery shall be completed on or before 10/31/94; (3) All tours of the detention facility must be completed by 11/15/94; (4) All expert reports shall be exchanged by 12/15/94; (5) All counsel must file a detailed status report regarding settlement negotiations on or before February 1, 1995; (6) That all parties and their counsel must make a good faith effort to obtain a Consent Decree. (cc: all counsel) (Entered: 09/13/1994)

ATTORNEY SUBSTITUTION: terminating attorney Mark A. Sipek for Corrections Cab KY and substituting attorney Keith D. Hardison (Entered: 09/19/1994)

NOTICE OF COMPLIANCE by defendant Corrections Cab KY, Jack C. Lewis in accordance with the agreement of parties at the 9/8/94 pretrial conference hereby files their updated documents. (Entered: 10/03/1994)

BRIEF (PRELIMINARY MEMORANDUM) FILED by plaintiff Jean Doe(s) and plaintiff John Doe(s) (Entered: 10/21/1994)

TRANSCRIPT filed of Hearing held before William O. Bertelsman Date(s) of transcript 9/8/94 (LMB) (Entered: 10/26/1994)

RESPONSE by Official Defendant Clyde Middleton to Plaintiffs' Updated Discovery Requests. (Entered: 11/02/1994)

LETTER to all Counsel by Chief Judge, William O. Bertelsman with a copy of a letter that was received from Janie Nordloh of Exodus, A Jail Ministry, w/attached Article from the Kentucky Post. (Entered: 11/10/1994)

ORDER by Chief Judge Wm. O. Bertelsman; On November 10, 1994, an unscheduled status conference was held in this matter. It Is Ordered (1) That plfs are permitted up to and including November 21, 1994 in which to amend their complaint; (2) That the parties are to only ask about brief factual questions that don't call for a statement of opinion of people in their area of knowledge while touring the facilities. (cc: all counsel) (Entered: 11/15/1994)

MOTION by plaintiff Jean Doe(s), plaintiff John Doe(s) to amend original complaint and add additional defendants. (Entered: 11/16/1994)

SECOND AMENDED COMPLAINT [1-1], [34-1] by plaintiff Jean Doe(s), plaintiff John Doe(s); adding Covington Independent Pubic Schools and Richard Howard, Interim Superintendent in his official capacity. (Entered: 11/16/1994)

SUMMONS issued as to defendant Covington Independent Pubic Schools and Richard Howard, Superintendant Covington, Independent Public Schools.

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RETURN OF SERVICE executed upon Official Defendant Richard . Howard on 11/18/94 (Entered: 11/21/1994)

RESPONSE by Official Defendant Clyde Middleton and Official Defendant James Knauf to [207-1] Plaintiffs' Preliminary Memorandum. (Entered: 11/22/1994)

RESPONSE by defendant, Jack Lewis, Commissioner of the Corrections Cab KY to [207-1] Plaintiffs' Preliminary Memorandum. (Entered: 11/22/1994)

ORDER by Chief Judge Wm. O. Bertelsman denying motion to amend original complaint and add additional defendants. [212-1] (cc: all counsel) (Entered: 11/23/1994)

NOTICE (RE-CERTIFICATION) by defendant Corrections Cab KY of remailing Def's Response to Plfs' Preliminary Memorandum due to insufficient address. (Entered: 11/30/1994)

ANSWER by Official Defendant Clyde Middleton and Official Defendant James Knauf to [213-1] Plaintiff's Second Amended Complaint; jury demand (Entered: 12/05/1994)

AGREED ORDER by Chief Judge Wm. O. Bertelsman and by agreement of parties, by counsel: (1) Plfs be allowed to depose no more than (5) jail staff personnel so that experts may complete their reports; (2) That all experts reports shall be exchanged by January 23, 1995; (3) Counsel must confer in an attempt to enter into a Consent Decree and file a reply / brief (status report) on or before 2/15/95 and (4) That all parties and their counsel must make a good faith effort to obtain a Consent Decree. (cc: all counsel) (Entered: 12/05/1994)

DEPOSITION of Sue Tolle taken on the following date(s): December 15, 1994 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

DEPOSITION of Wilma Jones taken on the following date(s): December 15, 1994 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

DEPOSITION of Clara Fister taken on the following date(s): January 5, 1995 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

DEPOSITION of Gary V. Sinclair taken on the following date(s): January 6, 1995 by: Plaintiffs (SEP. VOL.) (Entered: 02/03/1995)

ANSWER by defendant Covington Indendent Public Schools and Official Defendant Richard Howard to [213-1] Plaintiffs' Second Amended Complaint; jury demand (Entered: 02/03/1995)

STATUS REPORT (PLAN FOR SETTLEMENT) by plaintiff Jean Doe(s) and plaintiff John Doe(s) (Entered: 02/15/1995)

STATUS REPORT by defendant Covington Independent Public Schools and Official Defendant Richard Howard (Entered: 02/15/1995)

STATUS REPORT by Official Defendant Clyde Middleton and Official Defendant James Knauf (Entered: 02/16/1995)