Case: Ferguson v. City of Charleston

U.S. Court of Appeals for the Fourth Circuit

Supreme Court of the United States

U.S. Court of Appeals for the Fourth Circuit

COMPLAINT; FILING FEE $ 120.00 RECEIPT # 200-195 Scheduling order due by 1/3/94 Service due by 11/4/93 for Melesia Henry, for Harold Bivins, for Roger Newman, for William B. Pittard, for John . Sanders, for Victor Del Bene, for Edgar O. Horger III, for Shirley Brown, for David Schwacke, for Charles Molony Condon, for Reuben Greenberg, for Carroll V. Bing Jr., for Claudia W. Peoples, for Phillip D. Sasser, for Robert C. Lake Jr., for Herbert C. Granger, for M. J. Cooper, for Patricia T. Smith, for Melvyn Berlinsky, for E. Conyers O'Bryan, for Cotesworth P. Fishburne, for Charles B. Hanna, for Stanley C. Baker Jr., for Thomas C. Rowland Jr., for Harrison L. Peoples, for City of Charleston (former empl)

SUMMONS(ES) issued for all defendants (former empl)

Answers to 16B Interrogatories by plaintiff Crystal Ferguson, plaintiff Monica Roe (former empl)

MOTION for Lynn Paltrow to appear pro hac vice (former empl)

AFFIDAVIT of Lynn M. Paltrow Re: [4-1] motion for Lynn Paltrow to appear pro hac vice (former empl)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe for preliminary injunction (former empl)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in support of [6-1] motion for preliminary injunction (former empl)

AFFIDAVIT by plaintiff Crystal Ferguson (former empl)

AFFIDAVIT by plaintiff Monica Roe (former empl)

AFFIDAVIT of Louise Haynes (former empl)

AFFIDAVIT of Norma Finkelstein (former empl)

AFFIDAVIT of Barry Zuckerman, M.D. (former empl)

AFFIDAVIT of Jay Katz, M.D. (former empl)

AFFIDAVIT of K. Birgit Pols, M.D. (former empl)

AFFIDAVIT of Curtis L. Lowery, M.D. (former empl)

AFFIDAVIT of Susan L. Jacobs (former empl)

AFFIDAVIT of Michael Grodin, M.D., FAAP (former empl)

AFFIDAVIT of Michael P. O'Connell (former empl)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe for Frances L Kellner to appear pro hac vice (mpas)

AFFIDAVIT by plaintiff Crystal Ferguson, plaintiff Monica Roe Re: [19-1] motion for Frances L Kellner to appear pro hac vice (mpas)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe for Carl W Oberdier to appear pro hac vice (mpas)

AFFIDAVIT by plaintiff Crystal Ferguson, plaintiff Monica Roe Re: [21-1] motion for Carl W Oberdier to appear pro hac vice (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Victor Del Bene 10/13/93 Answer due on 11/2/93 for Victor Del Bene Dft Answers to 16B Interrogatories due by 12/2/93 for Victor Del Bene (mpas)

AFFIDAVIT OF SERVICE executed as to defendant William B. Pittard 10/13/93 Answer due on 11/2/93 for William B. Pittard Dft Answers to 16B Interrogatories due by 12/2/93 for William B. Pittard (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Melesia Henry 10/13/93 Answer due on 11/2/93 for Melesia Henry Dft Answers to 16B Interrogatories due by 12/2/93 for Melesia Henry (mpas)

AFFIDAVIT OF SERVICE executed as to defendant John . Sanders 10/13/93 Answer due on 11/2/93 for John . Sanders Dft Answers to 16B Interrogatories due by 12/2/93 for John . Sanders (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Roger Newman 10/13/93 Answer due on 11/2/93 for Roger Newman Dft Answers to 16B Interrogatories due by 12/2/93 for Roger Newman (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Reuben Greenberg 10/12/93 Answer due on 11/1/93 for Reuben Greenberg Dft Answers to 16B Interrogatories due by 12/1/93 for Reuben Greenberg (mpas)

AFFIDAVIT OF SERVICE executed as to defendant David Schwacke 10/8/93 Answer due on 10/28/93 for David Schwacke Dft Answers to 16B Interrogatories due by 11/27/93 for David Schwacke (mpas)

AFFIDAVIT OF SERVICE executed as to defendant City of Charleston 10/12/93 Answer due on 11/1/93 for City of Charleston Dft Answers to 16B Interrogatories due by 12/1/93 for City of Charleston (mpas)

AFFIDAVIT OF SERVICE executed 10/12/93 on Joseph Good, Counsel for the Medical University of S.C. (mpas)

CONSENT ORDER, extending time that defendants granted 30 days from October 28, 1993 to answer or plead to complaint; to respond to motion for preliminary injunction ( signed by Chief Judge C. W. Houck ) (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Shirley Brown 10/18/93 Answer due on 11/7/93 for Shirley Brown Dft Answers to 16B Interrogatories due by 12/7/93 for Shirley Brown (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Charles Molony Condon 10/25/93 Answer due on 11/14/93 for Charles Molony Condon Dft Answers to 16B Interrogatories due by 12/14/93 for Charles Molony Condon (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Harold Bivins 10/20/93 Answer due on 11/9/93 for Harold Bivins Dft Answers to 16B Interrogatories due by 12/9/93 for Harold Bivins (mpas)

AFFIDAVIT OF SERVICE executed as to defendant Edgar O. Horger III 10/18/93 Answer due on 11/7/93 for Edgar O. Horger III Dft Answers to 16B Interrogatories due by 12/7/93 for Harold Bivins (mpas)

MOTION with memorandum in support by defendants' to strike paragraphs 84 to 117 of the plaintiffs' complaint (former empl)

ANSWER to complaint by defendants' with jury demand (former empl) Modified on 01/20/1994

MOTION by defendants' to dismiss (former empl) Modified on 01/20/1994

MEMORANDUM by defendant City of Charleston, defendant Harrison L. Peoples, defendant Thomas C. Rowland Jr., defendant Stanley C. Baker Jr., defendant Charles B. Hanna, defendant Cotesworth P. Fishburne, defendant E. Conyers O'Bryan, defendant Melvyn Berlinsky, defendant Patricia T. Smith, defendant M. J. Cooper, defendant Herbert C. Granger, defendant Robert C. Lake Jr., defendant Phillip D. Sasser, defendant Claudia W. Peoples, defendant Carroll V. Bing Jr., defendant Reuben Greenberg, defendant Charles Molony Condon, defendant David Schwacke, defendant Shirley Brown, defendant Edgar O. Horger III, defendant Victor Del Bene, defendant John . Sanders, defendant William B. Pittard, defendant Roger Newman, defendant Harold Bivins, defendant Melesia Henry in opposition to [6-1] motion for preliminary injunction (former empl)

** Added JURY-D Flag indicating jury demand request by defendant. (former empl)

MOTION by all defendants' for temporary restraining order; (mpas) Modified on 01/24/1994

AFFIDAVIT by all, defendants' Re: [41-1] motion for temporary restraining order; no memorandum filed (mpas)

AMENDED ANSWER to Complaint by all defendants'; : amends [38-1] answer; jury demand (mpas) Modified on 12/21/1993

Answers to 16B Interrogatories by all defendants jury demand (gjoh)

MEMORANDUM by defendant City of Charleston in opposition to Class Certification (mpas)

Oral order: temporarily granting [41-1] motion for temporary restraining order until 2 PM on 1/25/94 ( by Chief Judge C. W. Houck ) (former empl)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in opposition to [41-1] motion for temporary restraining order; no memorandum filed (mpas)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in opposition to [37-1] motion to strike paragraphs 84 to 117 of the plaintiffs' complaint (mpas)

MEMORANDUM by defendant City of Charleston in support of an injunction on certain extrajudical statements [41-1] motion for temporary restraining order; (mpas)

MOTION to intervene by The State-Record Co., Inc. and The Evening Post Publishing Company, Inc. to seek reconsideration or stay of the unpublished Oral Order of 1/21/94, restraining extrajudical comment (mpas)

MEMORANDUM by intervenor-plaintiff State-Record Co., intervenor-plaintiff The Evening Post in support of [49-1] motion to intervene by The State-Record Co., Inc. and The Evening Post Publishing Company, Inc. to seek reconsideration or stay of the unpublished Oral Order of 1/21/94, restraining extrajudical comment (mpas)

Minute entry: Motion Hearing before Chief Judge C. W. Houck Laurence H. Tribe's oral motion for admission pro hac vice on behalf of himself, Peter J. Rubin and Jonathan S. Massey - granted; exhibits; [49-1] motion to intervene by The State-Record Co., Inc. and The Evening Post Publishing Company, Inc. to seek reconsideration or stay of the unpublished Oral Order of 1/21/94, restraining extrajudical comment, [46-1] motion seeking vacation of injunctive Order entered against them and seeking final denial of defendants' motion for restraining Order, [41-1] motion for temporary restraining order; granting [49-1] motion to intervene by The State-Record Co., Inc. and The Evening Post Publishing Company, Inc. to seek reconsideration of the unpublished Oral Order of 1/21/94, restraining extrajudical comment, mooted as to stay; granting [46-1] motion for seeking vacation of injunctive Order entered against them and seeking final denial of defendants' motion for temporary restraining Order, denying [41-1] motion for temporary restraining order; Court Reporter: Raymond Simmons (contract) (former empl)

Transcript of Motion Hearing for Restraining Order, before the Honorable C. Weston Houck; on 1/25/94 in Florence, Court Reporter Raymond D. Simmons (mpas)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe to amend class action [1-1] complaint (mpas)

AFFIDAVIT Re: Jessica Doe (mpas)

MEMORANDUM by all defendants in support of [39-1] motion to dismiss (mpas)

MEMORANDUM by defendant City of Charleston in opposition to [52-1] motion to amend class action [1-1] complaint (mpas)

MOTION by all, defendants' to compel plaintiffs' to answer interrogatories and respond to request for production propounded by defendants' (mpas)

AFFIDAVIT by all defendants' Re: [56-1] motion to compel plaintiffs' to answer interrogatories and respond to request for production propounded by defendants' (mpas)

AFFIDAVIT Re: of Shirley B. Brown, R.N., Obstetrical Care Manager in Department of Patient Care Services at Medical University of S.C. (mpas)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe for Carol E. Tracy and Debra S. Scardato to file amicus brief (mpas)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in support of [59-1] motion for Carol E. Tracy and Debra S. Scardato to file amicus brief and in support of plaintiff's motion for preliminary injunction (mpas)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe for protective order respecting confidentiality (former empl)

SUPPLEMENTAL MEMORANDUM by defendant City of Charleston in opposition to [46-1] motion for seeking vacation of injunctive Order entered against them and seeking final denial of defendants' motion for temporary restraining Order (mpas)

MEMORANDUM by plaintiff Monica Roe, defendant City of Charleston, defendant Harrison L. Peoples, defendant Thomas C. Rowland Jr., defendant Stanley C. Baker Jr., defendant Charles B. Hanna, defendant Cotesworth P. Fishburne, defendant E. Conyers O'Bryan, defendant Melvyn Berlinsky, defendant Patricia T. Smith, defendant M. J. Cooper, defendant Herbert C. Granger, defendant Robert C. Lake Jr., defendant Phillip D. Sasser, defendant Claudia W. Peoples, defendant Carroll V. Bing Jr., defendant Reuben Greenberg, defendant Charles Molony Condon, defendant David Schwacke, defendant Shirley Brown, defendant Edgar O. Horger III, defendant Victor Del Bene, defendant John . Sanders, defendant William B. Pittard, defendant Roger Newman, defendant Harold Bivins, defendant Melesia Henry in opposition to plaintiffs' motion for protective order respecting confidentiality. (former empl)

Oral order: MOTIONS HEARING granting in part, denying in part [64-1] motion for protective order respecting confidentiality; Denied as to anonymity; Granted for purposes of discovery (depositions shall be taken and sealed with plaintiffs having right to file objections within l0 days after the taking of the depositions. If no objections filed, depositions can be unsealed; granting [56-1] motion to compel plaintiffs' to answer interrogatories and respond to request for production propounded by defendants', granting [52-1] motion to amend class action [1-1] complaint, denying [39-1] motion to dismiss with defendant having right to refile at a later date, denying [6-1] motion for preliminary injunction ( by Chief Judge C. W. Houck/LaVon McNaughton) Defendant Exhibits 1 thru 5 in file. (former empl)

AMENDED COMPLAINT by plaintiff Crystal Ferguson, plaintiff Monica Roe, (Answer due 3/5/94 for Melesia Henry, for Harold Bivins, for Roger Newman, for William B. Pittard, for John . Sanders, for Victor Del Bene, for Edgar O. Horger III, for Shirley Brown, for David Schwacke, for Charles Molony Condon, for Reuben Greenberg, for Carroll V. Bing Jr., for Claudia W. Peoples, for Phillip D. Sasser, for Robert C. Lake Jr., for Herbert C. Granger, for M. J. Cooper, for Patricia T. Smith, for Melvyn Berlinsky, for E. Conyers O'Bryan, for Cotesworth P. Fishburne, for Charles B. Hanna, for Stanley C. Baker Jr., for Thomas C. Rowland Jr., for Harrison L. Peoples, for City of Charleston ) Service due by 3/25/94 for Melesia Henry, for Harold Bivins, for Roger Newman, for William B. Pittard, for John . Sanders, for Victor Del Bene, for Edgar O. Horger III, for Shirley Brown, for David Schwacke, for Charles Molony Condon, for Reuben Greenberg, for Carroll V. Bing Jr., for Claudia W. Peoples, for Phillip D. Sasser, for Robert C. Lake Jr., for Herbert C. Granger, for M. J. Cooper, for Patricia T. Smith, for Melvyn Berlinsky, for E. Conyers O'Bryan, for Cotesworth P. Fishburne, for Charles B. Hanna, for Stanley C. Baker Jr., for Thomas C. Rowland Jr., for Harrison L. Peoples, for City of Charleston amending [1-1] complaint; with Exhibits to plaintiffs' first amended complaint (mpas)

Transcript of hearing before the Honorable C. Weston Houck, Chief US District Judge; Motion heraing on 2/16/94 at 11:51 A.M.; Reporter Lavon E. McNaughton (mpas)

RESPONSE by all defendants' to [39-1] motion to dismiss (mpas)

MOTION by defendant City of Charleston to strike [62-1] portions of plaintiffs' amended complaint (mpas)

MEMORANDUM by all defendants' in support of [67-1] motion to strike [62-1] portions of plaintiffs' amended complaint (mpas)

MOTION by defendant City of Charleston to sever plaintiffs' eighth cause of action tort of abuse of process (mpas) Modified on 05/17/1994

MEMORANDUM by all defendants' in support of [69-1] motion to sever plaintiffs' eighth cause of aciton tort of abuse of process (mpas)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in opposition to [67-1] motion to strike [62-1] portions of plaintiffs' amended complaint (pchi)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in opposition to [39-1] Defendants' motion to dismiss (pchi)

MEMORANDUM by plaintiff Crystal Ferguson, plaintiff Monica Roe in opposition to [69-1] defendants' motion to sever plaintiffs' eighth cause of aciton tort of abuse of process (pchi)

REPLY by defendants to opposition to [39-1] motion to dismiss (gjoh)

MOTION by plaintiff Crystal Ferguson, plaintiff Monica Roe for protective order of their designations of confidential material (mpas)

Motion hearing re: [75-1] motion for protective order of their designations of confidential material, [69-1] motion to sever plaintiffs' eighth cause of aciton tort of abuse of process, [67-1] motion to strike [62-1] portions of plaintiffs' amended complaint, [59-1] motion for Carol E. Tracy and Debra S. Scardato to file amicus brief, [37-1] motion to strike paragraphs 84 to 117 of the plaintiffs' complaint, [21-1] motion for Carl W Oberdier to appear pro hac vice, [19-1] motion for Frances L Kellner to appear pro hac vice, [4-1] motion for Lynn Paltrow to appear pro hac vice at 10:00 6/7/94 (former empl)

Oral order: granting [75-1] motion for protective order of their designations of confidential material with specifics to be outlined in written order, denying [69-1] motion to sever plaintiffs' eighth cause of action tort of abuse of process, denying [67-1] motion to strike [62-1] portions of plaintiffs' amended complaint, mooting [59-1] motion for Carol E. Tracy and Debra S. Scardato to file amicus brief, mooting [37-1] motion to strike paragraphs 84 to 117 of the plaintiffs' complaint due to filing of amended complaint, granting [21-1] motion for Carl W Oberdier to appear pro hac vice, granting [19-1] motion for Frances L Kellner to appear pro hac vice, granting [4-1] motion for Lynn Paltrow to appear pro hac vice; Defendants oral motion to amend caption of case - GRANTED; Plaintiffs to file an amended caption ( by Chief Judge C. W. Houck/LaVon McNaughton, Court Reporter ) (former empl) Modified on 06/08/1994

MEMORANDUM by plaintiffs Monica Roe, Crystal Ferguson in opposition to [67-1] motion to strike [62-1] portions of plaintiffs' amended complaint (former empl)

MOTION by defendants for protective order to limit length of depositions of defendants (former empl)

MEMORANDUM by defendants in support of [77-1] motion for protective order to limit length of depositions of defendants (former empl)

REPLY by defendants to [54-1] support memorandum (former empl)

CONSENT ORDER, extending time until July 29, 1994 for defendants to reply to plaintiffs memo in opposition to defendants' motion to dismiss ( signed by Chief Judge C. W. Houck ) (former empl)

MEMORANDUM by plaintiffs Monica Roe, Crystal Ferguson in opposition to [77-1] motion for protective order to limit length of depositions of defendants (former empl)

AMENDED CAPTION by plaintiffs Monica Roe (legal name - Theresa Joseph), Crystal Ferguson, Jessica Doe (legal name - Darlene M. Nicholson), Paula S. Hale, Ellen L. Knight, Patricia R. Williams, amending caption of [62-1] amended complaint (former empl)

RESPONSES AND OBJECTIONS by plaintiffs Crystal Ferguson, Paula S. Hale, Ellen L. Knight, Patricia R. Williams to defendants' second request to produce (former empl)

REPLY by defendants to [81-1] opposition memorandum (former empl)

Deadline updated; set Jury trial for 11/1/94 before Chief Judge C. W. Houck (former empl)

Motion hearing for all pending motions 9/23/94 at 11:00 before Chief Judge C. Weston Houck (former empl)

Bar Meeting held before Chief Judge C. W. Houck-LaVon McNaughton, Court Reporter; Case continued beyond November, 1994 term of court (former empl)

Deadline updated; reset Jury trial for 3/1/95 before Chief Judge C. W. Houck (former empl)

MOTION by plaintiffs' for leave to file supplemental submission and plaintiffs' supplemental submission in opposition to defendants' motion to dismiss portions of complaint (former empl)

AFFIDAVIT of John D. Elliott on behalf of plaintiffs Re: [85-1] motion for leave to file supplemental submission and plaintiffs' supplemental submission in opposition to defendants' motion to dismiss portions of complaint (former empl)

MEMORANDUM by defendants in opposition to [85-1] motion for leave to file supplemental submission and plaintiffs' supplemental submission in opposition to defendants' motion to dismiss portions of complaint (former empl)

Oral order: MOTIONS HEARING denying [77-1] motion for protective order to limit length of depositions of defendants with parties given right to contact court if there is any problem; Defendants' motion to dismiss taken under advisement (by Chief Judge C. W. Houck-LaVon McNaughton, Court Reporter) (former empl)

MOTION by plaintiffs Crystal Ferguson, Paula S. Hale, Ellen L. Knight, Patricia R. Williams for leave to file Post-Argument Submission (former empl)

MOTION by plaintiffs Crystal Ferguson, Paula S. Hale, Ellen L. Knight, Patricia R. Williams to certify class action (former empl)