Case: A.J. v. Myers

COMPLAINT - with JS-44c ( 3 Summons(es) issued); Receipt #52924 form $120.00 (Phyllis Travers) (Entered: 11/16/1989)

MOTION by plaintiff A J for appointment of next friend f/minor pla (Phyllis Travers) (Entered: 11/16/1989)

Notice by plaintiff L.B. of consent to act as next friend (Phyllis Travers) (Entered: 11/16/1989)

MOTION by plaintiff A J to certify class (certification) action (Phyllis Travers) (Entered: 11/16/1989)

MOTION by plaintiff A J for permanent injunction (Phyllis Travers) (Entered: 11/16/1989)

Notice of pretrial procedures pursuant to Local Rule 15; proposed scheduling order due 2/23/90; reminder to be sent 2/3/90 (Phyllis Travers) (Entered: 11/16/1989)

MOTION by defendant Lawrence G Myers, defendant David Jackson, defendant Forestal Lawton to dismiss complaint, w/suggs (Sue Anderson) (Entered: 12/07/1989)

MOTION by plaintiff to extend time to respond to dfts' motion to dismiss (Sue Anderson) (Entered: 12/13/1989)

ORDER by Judge Dean Whipple granting pla's motion to extend time to respond to dfts' motion to dismiss [8-1]; response to motion to dismiss complaint [7-1] due 1/15/90 (cc: all counsel) (Sue Anderson) (Entered: 12/18/1989)

NOTICE by plaintiff of taking depo of Lawrence G. Myers on 1/8/90 (Sue Anderson) (Entered: 12/29/1989)

RETURN OF SERVICE executed upon defendant Lawrence G Myers by serving atty Jay D. Haden by mail on 11/16/89 Costs $ -0- (Sue Anderson) (Entered: 12/29/1989)

RETURN OF SERVICE executed upon defendant David Jackson by serving atty Jay D. Haden on 11/16/89 Costs $ -0- (Sue Anderson) (Entered: 12/29/1989)

RETURN OF SERVICE executed upon defendant Forestal Lawton by serving atty Jay D. Haden on 11/16/89 Costs $ -0- (Sue Anderson) (Entered: 12/29/1989)

MOTION by plaintiff for attorney David Lambert to appear pro hac vice (Sue Anderson) (Entered: 01/08/1990)

Suggestions {entitled reply suggs} by plaintiff in support of motion for permanent injunction [5-1], of motion to certify class (certification) action [4-1] (Sue Anderson) (Entered: 01/17/1990)

ORDER by Judge Dean Whipple granting motion for attorney David Lambert to appear pro hac vice [14-1]; pla's attys shall designate which local atty shall make applic to recover atty fees by submitting contemporaneous time records; that before any applic for atty fees is made, counsel seeking reimbursement shall file contemporaneous time records "in camera" by 10 day of each month, beginning with 2/10/90 & the 1st submission shall include records from the inception of the litigation to the last day of Jan 1990 (cc: all counsel) (Court Employee) (Entered: 01/23/1990)

MOTION by defendants to extend time in which to file reply suggestions to 2/5/90 (Phyllis Travers) (Entered: 01/29/1990)

MOTION by plaintiff for relief from Local Rule 15 order, w/suggs (Sue Anderson) (Entered: 01/30/1990)

ORDER by Judge Dean Whipple granting motion to extend time in which to file reply suggestions to 2/5/90 [17-1] (cc: all counsel) (Phyllis Travers) (Entered: 01/30/1990)

ORDER by Judge Dean Whipple granting in part & denying in part motion for relief from Local Rule 15 order [18-1] ; proposed scheduling order due on or before 4/1/90; It is further Ordered that, pursuant to the provisions of Local Rule 15.B. & notwithstanding the provisions of Local Rule 15.B.(2), the requirements of Local Rule 15 shall apply to the scheduling & discovery in this litigation. (cc: all counsel) (Phyllis Travers) (Entered: 01/31/1990)

APPLICATION by defendants for protective order (Sue Anderson) (Entered: 02/06/1990)

CERTIFICATE of transmission of deposition of Lawrence G. Myers, M.A. taken on 1/8/90 on behalf of plaintiff Costs: $238.80 (Sue Anderson) (Entered: 02/06/1990)

CERTIFICATE by plaintiff of service of 1st req for prod of docs (Sue Anderson) (Entered: 02/09/1990)

Memorandum Response by plaintiffs to Order of 1/22/90 (Sue Anderson) (Entered: 02/12/1990)

CERTIFICATE by plaintiff A J of service of Req to Permit Entry Upon Land For Inspection to parties (Court Employee) (Entered: 02/15/1990)

MOTION by plaintiff A J for order permitting entry upon land for inspection & other purposes (Court Employee) (Entered: 02/15/1990)

Suggestions by plaintiff in opposition to dfts' motion for protective order [21-1] (Sue Anderson) (Entered: 02/21/1990)

MINUTE ENTRY: on P.T. conf. Parties disucss terms under which Juvenile Ctr will be toured. Photos: parties will review, decide which can be used in trial preparation & restrict access to only attorneys & staff. Circuit judge will be asked to join tour. Juveniles will not be interviewed. Files will not be disclosed. Questions will be directed to escorts, who will be superintendent or supervisors of detention. No findings will be disclosed by anyone except to lawyers & staff. kn (Sue Anderson) (Entered: 05/01/1990)

Proposed scheduling order by plaintiffs, defendants (Sue Anderson) (Entered: 04/03/1990)

CERTIFICATE by defendants of service of resp pla's 1st req f/prod docs (Phyllis Travers) (Entered: 04/13/1990)

CERTIFICATE by plaintiff A J of service of 2nd req f/prod of docs (Phyllis Travers) (Entered: 04/27/1990)

ORDER by Judge Dean Whipple granting plas' motion to certify class (certification) action [4-1]; that a class hereby is certified but only for seeking equitable relief & not damages, & the class shall consist of all persons who have been or will have been detained at the Jackson County, MO, Juvenile Justice Center at some time since 11/15/84; denying plas' motion for permanent injunction [5-1]; denying dfts' motion to dismiss complaint (considered as a motion for S/J [7-1]; denying dfts' motion for protective order [21-1]; granting plas' motion for order permitting entry upon land for inspection & other purposes [26-1] (cc: all counsel) (Sue Anderson) (Entered: 04/30/1990)

MOTION by plaintiff to compel discovery (Rhonda Enss) (Entered: 05/10/1990)

Suggestions by plaintiff in support of motion to compel discovery [33-1] (Rhonda Enss) (Entered: 05/10/1990)

MOTION by defendant to extend time to answer (to file a responsive pleading to pla's complaint w/suggs (Rhonda Enss) (Entered: 05/15/1990)

MEMORANDUM of law by plaintiff to review the issue of plas' right of access to class counsel (Rhonda Enss) (Entered: 05/23/1990)

1st AMENDED COMPLAINT; adding David Spivey, Otis Spears, H Michael Coburn; jury trial demanded (Rhonda Enss) (Entered: 05/29/1990)

CERTIFICATE by defendants of service of dfts' response to pla's 2nd request for prod of docs (Rhonda Enss) (Entered: 05/29/1990)

MOTION by plaintiff to amend proposed scheduling order (Rhonda Enss) (Entered: 06/04/1990)

Suggestions by plaintiff in support of motion to amend proposed scheduling order [39-1] (Rhonda Enss) (Entered: 06/04/1990)

TRANSCRIPT of hearing proceedings before the Honorable Dean Whipple for the following date(s): 5/21/90 in KCMO; Court Reporter Barbara L. Buesing (Rhonda Enss) (Entered: 06/04/1990)

MOTION by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears to extend time to answer (in which to respond to pla's 1st amended complaint w/suggs (Rhonda Enss) (Entered: 06/11/1990)

MOTION by defendant H Michael Coburn for pretrial conference (Court Employee) (Entered: 06/12/1990)

Suggestions by defendant H Michael Coburn in support of motion for pretrial conference [43-1] (Court Employee) (Entered: 06/12/1990)

ORDER by Judge Dean Whipple granting dfts' motion to extend time to answer (in which to respond to pla's 1st amended complaint [42-1] until 6/22/90 for Lawrence G Myers, for David Jackson, for David Spivey, for Forestal Lawton, for Otis Spears (cc: all counsel) (Rhonda Enss) (Entered: 06/13/1990)

Suggestions by plaintiff in opposition to dft Coburn's motion for pretrial conference [43-1] (Rhonda Enss) (Entered: 06/19/1990)

ANSWER by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears to pla's 1st amended complaint (Rhonda Enss) (Entered: 06/25/1990)

ORDER by Judge Dean Whipple granting dft Coburn's motion for pretrial conference [43-1]; pretrial conference set for 9:00 a.m. on 7/5/90 in Ctrm. 6 (cc: all counsel) (Rhonda Enss) (Entered: 06/26/1990)

AFFIDAVIT of dft Lawrence G. Myers (Sue Anderson) (Entered: 06/29/1990)

MOTION by plaintiff to extend time to file a deponent list (Phyllis Travers) (Entered: 06/29/1990)

ANSWER by defendant H Michael Coburn to 1st amended complaint; jury demand (Phyllis Travers) (Entered: 07/02/1990)

ORDER by Judge Dean Whipple granting pla's motion to compel discovery [33-1] finding dft's motion to extend time to answer (to file a responsive pleading to pla's complaint [35-1] denied as moot. (cc: all counsel) (Phyllis Travers) (Entered: 07/03/1990)

ORDER by Judge Dean Whipple granting motion to amend proposed scheduling order [39-1] ; discovery to be completed 12/1/90. It is further Ordered that the dates designated above are established f/pretrial proceedings in this matter. (see order f/more details) (cc: all counsel) (Phyllis Travers) (Entered: 07/03/1990)

MINUTE ENTRY: on p.t. conf. Bill Sanders offers opening remarks. Arthur Benson reply. Jay Haden offers comments, then Sanders, then Benson, the dft Judge Coburn. Court will order depo of 10 key deponents, then order experts to write reports; court won't give access to juveniles by pla's atty. Only one lawyer for pla will be paid. After experts' reports are written, then court will decide whether to give access to juveniles. Court will not order that notice of suit to all juvenile detainees. kn (Sue Anderson) (Entered: 07/05/1990)

NOTICE by attys for plaintiff of change of address of counsel David Lambert & the National Center for Youth Law to 114 Sansome Street, Suite 900, San Francisco, CA 94104-3820 (Rhonda Enss) (Entered: 07/16/1990)

MOTION by plaintiff to reopen plas' discovery, and to extend time to submit plas' experts' reports (Sue Anderson) (Entered: 10/02/1990)

MOTION by plaintiff for pretrial conference (Sue Anderson) (Entered: 10/02/1990)

(Response) Suggestions by defendant H Michael Coburn in opposition motion for pretrial conference [57-1], motion to reopen plas' discovery [56-1] & for ext of time to submit plas' experts' reports (Rhonda Enss) (Entered: 10/15/1990)

REMARK: Order Requiring Certification of Completion of Discovery (Court Employee) (Entered: 12/07/1990)

CERTIFICATE by defendant H Michael Coburn of completion of discovery (Court Employee) (Entered: 12/14/1990)

ORDER by Judge Dean Whipple granting motion to reopen plas' discovery [56-1] granting motion to extend time to submit plas' experts' reports [56-2] granting motion for pretrial conference [57-1] pretrial conference set for 1:30 12/19/90 (cc: all counsel) (Court Employee) (Entered: 12/14/1990)

(Statement Regarding Status Conference set for 12/19/90) Written status report by plaintiff A J w/regard to settlement & to inform court of recent history of case (Court Employee) (Entered: 12/18/1990)

ORDER by Judge Dean Whipple ; that if a formal settlement has not been reached by 1/28/91, plas' motion to re-open disc & for ext of time to submit plas' experts' reports shall be granted, effective 1/28/91; issuance of a new disc order will be drafted at th time (cc: all counsel) (Sue Anderson) (Entered: 12/20/1990)

CERTIFICATE of transmission of deposition of Gregory A. Soward taken on 7/24/90 on behalf of plaintiff A J Costs: $417.40 (Phyllis Travers) (Entered: 01/17/1991)

CERTIFICATE of transmission of deposition of Clara Mae Settles taken on 7/24/90 on behalf of plaintiff A J Costs: $283.60 (Phyllis Travers) (Entered: 01/17/1991)

CERTIFICATE of transmission of deposition of Steven Bennett taken on 7/25/90 on behalf of plaintiff A J Costs: $570.00 (Phyllis Travers) (Entered: 01/17/1991)

CERTIFICATE of transmission of deposition of Otis T. Spears taken on 7/26/90 on behalf of plaintiff A J Costs: $673.60 (Phyllis Travers) (Entered: 01/17/1991)

(Statement) Written status report by plaintiffs Regarding Settlement Status (Court Employee) (Entered: 02/20/1991)

MOTION by plaintiff to substitute parties (Rhonda Enss) (Entered: 03/11/1991)

ORDER by Judge Dean Whipple granting motion to substitute parties [69-1] terminating party H Michael Coburn & substituting Judge John R. O'Malley as pty dft in his official capacity as chief administrataive officer of the Sixteenth Judicial Circuit of MO (cc: all counsel) (Court Employee) (Entered: 03/12/1991)

Stipulation of dismissal w/prej of dft Judge H. Michael Coburn, each pty to bear own costs by plts, dfts Myers, Spivey, Lawton, Jackson & Spears & dft Judge Coburn (Court Employee) (Entered: 03/20/1991)

ORDER by Judge Dean Whipple granting stipulation [71-1] terminating party H Michael Coburn in all capacities w/prejudice (cc: all counsel) (Rhonda Enss) (Entered: 03/28/1991)

MOTION by plaintiff A J for pre-trial conf (Phyllis Travers) (Entered: 07/16/1991)

ORDER by Judge Dean Whipple granting plas' motion for pre-trial conf [73-1] ; Pretrial conference set for 8:00 a.m. on 8/1/91 in chambers (cc: all counsel) (Court Employee) (Entered: 07/17/1991)

MOTION by plaintiff for temporary restraining order, or in the alternative for preliminary injunction (Court Employee) (Entered: 07/18/1991)

MOTION by plaintiff A J to establish new discovery schedule (Phyllis Travers) (Entered: 07/29/1991)

MOTION by plaintiff A J for access to class counsel & records (Phyllis Travers) (Entered: 07/29/1991)

TRANSCRIPT of hearing before the Hon Howard F. Sachs, held in chambers, in KCMO on date(s): 7/17/91;(Court Reporter, Barbara L. Buesing) (Court Employee) (Entered: 08/12/1991)

MOTION by plaintiff for pre-trial conf ; w/suggs (Court Employee) (Entered: 08/21/1991)

ORDER by Judge Dean Whipple granting plas' motion for pre-trial conf [79-1] ; Pretrial conference set for 8:00 a.m. on 9/6/91, in chambers (cc: all counsel) (Court Employee) (Entered: 08/26/1991)

Suggestions by defendant John R O'Malley in opposition to plas' motion for access to juveniles and unredacted records [77-1] (Court Employee) (Entered: 09/06/1991)

Separate Suggestions by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears in opposition to plas' motion for access to class counsel & records [77-1] (Court Employee) (Entered: 09/06/1991)

ORDER by Judge Dean Whipple granting plas' motion to establish new discovery schedule [76-1] ; discovery due 3/15/92 (cc: all counsel) (Court Employee) (Entered: 09/06/1991)

MINUTE ENTRY: Of Hearing (Parties appear for hearing in open court. Court denied plt's motion for access to class counsel & records, denied plt's oral motion to amend the order of 9/6/91 and denied plt's oral request to certify the issues raised in their motion for Access for immediate appeal pursuant to 28 U.S.C. 1292). B. Buesing, Court Reporter. (Yvonne Johnson) (Entered: 09/18/1991)

MOTION by plaintiffs for certification, and to stay pursuant to 28 USC Sec 1292(b); w/suggs (Court Employee) (Entered: 09/10/1991)

Suggestions by defendant John R O'Malley in opposition to plas' motion for certification [84-1], & motion to stay [84-2] (Court Employee) (Entered: 09/16/1991)

ORDER by Judge Dean Whipple denying motion for access to class counsel & records [77-1]; (1) plas' oral mt to amd court's Order of 9/6/91, where it provides that plas conclude their depos of dfts & their employees by 11/1/91, is denied; (2) plas' mt for access to class counsel & records is denied; (3) plas' oral mt to have the issues raised by their mt for access cert for immediate appeal, pursuant to 28 USC Sec 1292, is denied (cc: all counsel) (Court Employee) (Entered: 10/03/1991)

NOTICE OF APPEAL by plaintiff A J from Dist. Court decision [87-1] Filed 10/3/91 Entered 10/3/91 Paid $ 105.00 Rct. # 77750 (Court Employee) (Entered: 10/08/1991)

CERTIFICATE by plaintiff of service of notice of appeal to 8th Cir Ct of appeals; plas' mt to disqualify & plas' mt for stay pending appeal (Court Employee) (Entered: 10/08/1991)

MOTION by plaintiffs to stay pending appeal (Court Employee) (Entered: 10/08/1991)

MOTION by plaintiffs to disqualify ; w/memo in supp (Court Employee) (Entered: 10/08/1991)

Delivered to USCA 2 ctfd cpys of appeal ntc and dkt entries; 2 cpys of Ord fld: 10/3/91 and Jgm fld: 10/3/91 and NOA Supplement (cc: attys and Judge) (Phyllis Travers)

Suggestions by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears in opposition to plas' motion to disqualify [91-1] (Court Employee) (Entered: 10/21/1991)

Response by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears to plas' motion to stay pending appeal [90-1] (Court Employee) (Entered: 10/21/1991)

Suggestions by defendant Lawrence G Myers, defendant David Jackson, defendant David Spivey, defendant Forestal Lawton, defendant Otis Spears in opposition to the plas' mt for certification pursuant to 28 USC Sec 1292 (b) (Court Employee) (Entered: 10/22/1991)

Response by defendant John R O'Malley to plas' motion to disqualify [91-1] (Court Employee) (Entered: 10/22/1991)

Response by defendant John R O'Malley to plas' motion to stay pending appeal [90-1] (Court Employee) (Entered: 10/22/1991)

Reply suggestions by plaintiffs to dfts' response to motion to disqualify [91-1] (Court Employee) (Entered: 10/28/1991)

TRANSCRIPT of proceedings for the following date: Hrg held before the Hon Dean Whipple on 9/6/91 in KCMO; (Ct Reporter - Barbara L. Buesing) (Court Employee) (Entered: 11/05/1991)

CERTIFICATE by plaintiffs of service of expert reports from Ward Duel, Vincent Carbone & Michael Milan & plas' expert report from Ira Schwartz (Court Employee) (Entered: 12/05/1991)