1996 WL 622556, 1996 U.S.Dist.LEXIS 20497

Gavin v. Branstad

U. S. Court of Appeals for the Eighth Circuit

122 F.3d 1081

Gavin v. Branstad

Supreme Court of the United States

524 U.S. 955, 118 S.Ct. 2374, 141 L.Ed.2d 741

Gavin v. Branstad

Supreme Court of the United States

525 U.S. 923, 119 S.Ct. 285, 142 L.Ed.2d 236

MANDATE from Circuit Court of Appeals affirming the decision of the District Court [564-1] (cc: Counsel) (don) (Entered: 02/16/2000)

COPY of Appellate Court Order:Affirming District Court's decision (don) (Entered: 12/29/1999)

COPY OF LETTER FROM USCA ( caption) [564-1] re appeal (don) (Entered: 04/30/1999)

BRIEFING SCHEDULE received from Circuit Court [564-1] (don) (Entered: 04/07/1999)

NOTIFICATION by Circuit Court of Appellate Docket Number [564-1] 99-1868 (don) (Entered: 04/07/1999)

RECEIVED [564-1] re appeal fee in amount of $ 105.00 ( Receipt # 54396) (don) (Entered: 03/25/1999)

NOTICE OF APPEAL by plaintiff Michael Patrick Gavin from Dist. Court decision [561-1], [556-1] cc:counsel,USCA (don) (Entered: 03/25/1999)

ORDER by Magistrate Judge Celeste F. Bremer granting motion for payment of transcript costs in the amount of $1863.70 from the Library Fund to Cheryl Newman before Magistrate Judge Celeste F. Bremer [562-1] (cc: all counsel) (don) (Entered: 03/25/1999)

MOTION by plaintiff class for payment of transcript costs before Magistrate Judge Celeste F. Bremer ($1,863.70) (ld) (Entered: 03/19/1999)

ORDER by Honorable Harold D. Vietor denying motion to alter or amend before Honorable Harold D. Vietor [558-1] (cc: all counsel) (don) (Entered: 02/24/1999)

RESISTANCE by defendant to motion to alter or amend before Honorable Harold D. Vietor [558-1] (don) (Entered: 02/08/1999)

BRIEFIN SUPPORT FILED by plaintiff Michael Patrick Gavin [558-1] regarding motion to alter or amend before Honorable Harold D. Vietor (don) (Entered: 02/01/1999)

MOTION by plaintiff Michael Patrick Gavin to alter or amend before Honorable Harold D. Vietor (don) (Entered: 02/01/1999)

MAIL Returned [556-1] addressed to movant Anthony A Browne (don) (Entered: 02/01/1999)

ORDER pursuant to 18 USC 3626 (b)(3) deft's motion to terminate the consent decree is granted, and the Gavin consent decree is now terminated as to all prospective relief. by Honorable Harold D. Vietor (cc: all counsel) Motion is not on the system. (don) Modified on 01/22/1999 (Entered: 01/21/1999)

DEFENDANTS POST-HEARING BRIEF FILED by defendant Robert Ray (don) (Entered: 11/19/1998)

ORDER by Honorable Harold D. Vietor granting motion to file brief out of time before Honorable Harold D. Vietor [553-1] (cc: all counsel) (don) (Entered: 11/19/1998)

MOTION by defendant' to file brief out of time before Honorable Harold D. Vietor (Brief attached) (ld) (Entered: 11/18/1998)

MAIL Returned Vaughn Camp [551-1] (don) (Entered: 11/16/1998)

ORDER by Magistrate Judge Celeste F. Bremer granting motion to extend to and including 11/10/98 to file and serve their post-trial brief [550-1] (cc: all counsel) (ld) (Entered: 11/06/1998)

MOTION FOR EXTENSION OF TIME by defendant Robert Ray to extend to and including 11/10/98 to file and serve their post-trial brief before Magistrate Judge Celeste F. Bremer (dv) (Entered: 11/04/1998)

Post-Hearing BRIEF FILED by plaintiff class. (ld) (Entered: 10/27/1998)

MOTION by plaintiff class to exceed page limitation and ORDER granting motion [548-1]/s/JRR, Clerk (cc: all counsel) (ld) (Entered: 10/27/1998)

TRANSCRIPT filed by ct reporter Cheryl Newman Liles for Hearing on September 16 & 17, 1998 at ISP. this is in 3 envelopes (don) Modified on 09/30/1998 (Entered: 09/30/1998)

ORDER by Honorable Harold D. Vietor extending time for pltfs' to file their post-trial brief to and including 10/20/98. The deadline for defts' to file their post-trial brief is extended to and including 10/27/98 (cc: all counsel) (don) (Entered: 09/28/1998)

EXHIBITS [544-1], [543-1] located in a red & white box (deft's) and a brown expandable folder (deft's & pltf's) (don) (Entered: 09/18/1998)

WITNESSES & EXHIBITS LIST by plaintiff Michael Patrick Gavin, defendant Robert Ray (don) (Entered: 09/18/1998)

CLERK'S COURT MINUTES: Motion to terminate the consent decree courtroom clerk: Shirley Dooley; court reporter: Cheryl Liles; (don) (Entered: 09/18/1998)

CLERK'S COURT MINUTES: courtroom clerk: Shirley Dooley; court reporter: Cheryl Liles; re [538-1] motion to consolidate cases before Honorable Harold D. Vietor (don) (Entered: 09/18/1998)

RESPONSE by plaintiff Michael Patrick Gavin [538-1] re: motion to consolidate cases before Honorable Harold D. Vietor (don) (Entered: 09/11/1998)

ORDER RESCHEDULING TIME OF HEARING by Honorable Harold D. Vietor re [537-2] order ; final hearing on defts' motion to terminate the consent decree Status hearing 09/16/98 8:00am (cc: all counsel) (don) (Entered: 09/09/1998)

ORDER by Honorable Harold D. Vietor granting motion to extend time to respond to the Motion requesting until 09/11/98 [539-1] (cc: all counsel) (don) (Entered: 08/31/1998)

MOTION by plaintiff Michael Patrick Gavin to extend time to respond to the Motion requesting until 09/11/98 before Honorable Harold D. Vietor 2 of 2 (don) Modified on 08/28/1998 (Entered: 08/28/1998)

RESPONSE by plaintiff Michael Patrick Gavin [538-1] re: motion to consolidate cases before Honorable Harold D. Vietor 1 of 2 (don) (Entered: 08/28/1998)

MOTION TO CONSOLIDATE by defendant Robert Ray to consolidate cases before Honorable Harold D. Vietor (pmb) (Entered: 08/17/1998)

ORDER SCHEDULING HEARING by Honorable Harold D. Vietor ; Status hearing set for 9/16/98 at 9:00; hearing is on motion to terminate the consent decree (motion was not on pending motions) (cc: all counsel) (dv) (Entered: 08/13/1998)

ORDER by Honorable Harold D. Vietor granting motion to dissolve the order enjoining the automatice stay [527-1] terminating order of 8/9/96 [465-1] See Order for more particulars. (cc: all counsel) (jj) (Entered: 08/10/1998)

ORDER by Honorable Harold D. Vietor denying motion for stern directions and motion for intervenor [534-1] (cc: all counsel) (DCAP) (Entered: 08/06/1998)

MOTION for stern directions and motion for Intervenor by movant Paul Michael Blaise for before Honorable Harold D. Vietor (don) (Entered: 07/30/1998)

ORDER of denial of movant's motion to show cause by Honorable Harold D. Vietor denying the supplement [530-1] (cc: all counsel) (don) (Entered: 07/22/1998)

MEMORANDUM by plaintiff Michael Patrick Gavin in opposition to motion to dissolve the order enjoining the automatice stay before Honorable Harold D. Vietor [527-1] (don) (Entered: 07/21/1998)

MOTION by plaintiff Michael Patrick Gavin to exceed page limitation brief and ORDER by Honorable Harold D. Vietor granting order motion for pver length brief [531-1] (cc: all counsel) (don) (Entered: 07/21/1998)

SUPPLEMENT by movant Paul Michael Blaise [511-1] to motion for contempt before Magistrate Judge Ross A. Walters (don) (Entered: 07/16/1998)

MOTION by plaintiff Michael Patrick Gavin to extend to file brief in resistance to Deft's motion to dissolve new date of 07/27/98 and ORDER granting order motion [529-1] (cc: all counsel) (don) Modified on 07/10/1998 (Entered: 07/10/1998)

MEMORANDUM by defendant Robert Ray in support [527-1] of motion to dissolve the order enjoining the automatice stay before Honorable Harold D. Vietor (don) (Entered: 06/29/1998)

MOTION by defendant Robert Ray to dissolve the order enjoining the automatice stay before Honorable Harold D. Vietor (don) (Entered: 06/29/1998)

ORDER by Magistrate Judge Celeste F. Bremer motion to compel [521- 1] ; hearing held 9:00 6/19/98 granting in part and denying in part motion to compel Motion granted as to all discovery shall be completed by JULY 20, 1998. Plaintiff shall narrow requests for Production 7, 19 and 30; any ongoing dispute relating to these requests shall be brought to the attention of the court by JULY 1, 1998; By JULY 1, 1998, Defendant shall produce the information sought in Request for Production 12; Motion is DENIED as to Requests for Production 6, 8, 10, 11 and 28 (cc: all counsel) (DCAP) (Entered: 06/22/1998)

ORDER by Magistrate Judge Celeste F. Bremer setting hearing on motion to compel discovery [521-1] 9:00 6/19/98 (cc: all counsel) (ld) (Entered: 06/08/1998)

RESISTANCE by defendants to motion to compel before Magistrate Judge Celeste F. Bremer [521-1] (DCAP) (Entered: 05/26/1998)

MEMORANDUM by plaintiff Michael Patrick Gavin in support [521-1] of motion to compel before Magistrate Judge Celeste F. Bremer (don) (Entered: 05/11/1998)

AFFIDAVIT Plaintiffs' Local Rule 37.1(a) of [521-1] regarding motion to compel before Magistrate Judge Celeste F. Bremer (don) (Entered: 05/11/1998)

MOTION by plaintiff Michael Patrick Gavin to compel before Magistrate Judge Celeste F. Bremer (don) (Entered: 05/11/1998)

ORDER by Honorable Harold D. Vietor denying motion for "set out instruction for the admission or entering of exhibits records for hearing on the contempt claims" before Honorable Harold D. Vietor [517-1] If class counsel determines his claims should be pursed thay may be renewed by means of a supplementary filing. (cc: all counsel) (don) (Entered: 03/26/1998)

ORDER by Honorable Harold D. Vietor denying motion for pltf to conduct contidential survey before Judge Harold D Vietor [513-1] (cc: all counsel) (DCAP) (Entered: 03/13/1998)

RESISTANCE by defendant Robert Ray to motion for pltf to conduct contidential survey before Judge Harold D Vietor [513-1] (don) (Entered: 03/09/1998)

MOTION by movant Paul Michael Blaise for "set out instruction for the admission or entering of exhibits records for hearing on the contempt claims" before Honorable Harold D. Vietor (don) (Entered: 03/05/1998)

ORDER by Honorable Harold D. Vietor granting motion to extend dicovery deadline to 04/17/98 before Judge Harold D Vietor [512-1] (cc: all counsel) (don) (Entered: 03/03/1998)

ORDER by Honorable Harold D. Vietor denying motion for contempt before Magistrate Judge Ross A. Walters [511-1] Blaise's contentions should be presented by class counsel, if class counsel deems that appropriate. (cc: all counsel) (don) (Entered: 03/03/1998)

MOTION by plaintiff Michael Patrick Gavin for pltf to conduct contidential survey before Judge Harold D Vietor (don) Modified on 03/02/1998 (Entered: 03/02/1998)

MOTION by plaintiff Michael Patrick Gavin to extend dicovery deadline to 04/27/98 before Judge Harold D Vietor (don) Modified on 03/02/1998 (Entered: 03/02/1998)

MOTION by movant Paul M. Blaise for contempt before Magistrate Judge Ross A. Walters (cc: all counsel by lkd) (ld) Modified on 02/26/1998 (Entered: 02/26/1998)

CERTIFIED COPY of judgment/mandate from USCA reversing and remanding the decision of the District Court [Appeal [479-1], reversing and remanding the decision of the District Court [Appeal [477-1] (cc: all counsel) (pmb) (Entered: 02/11/1998)

LETTER to court from the US Supreme Court stating the certiorari has been filed. (pmb) (Entered: 01/26/1998)

SCHEDULING ORDER by Honorable Harold D. Vietor that discovery shall be completed by 2/22/98. The parties shall contact the court at the appropriate time to arrange for a final hearing on the pending motion to terminate. (cc: all counsel) (don) (Entered: 12/24/1997)

STATUS REPORT concerning scheduling by defendant Robert Ray (don) Modified on 12/18/1997 (Entered: 12/17/1997)

STATUS REPORT re: 18 U.S.C. 3626(b)(3) by plaintiff Michael Patrick Gavin (don) (Entered: 12/17/1997)

SUPPLEMENTAL response by plaintiff Michael Patrick Gavin [460-1] to motion for temporary and preliminary relief before Honorable Harold D. Vietor (don) (Entered: 12/17/1997)

COPY of Appellate Court Order: Appellees' motion for stay of mandate pending petition for writ of certiorari to the United States Supreme Court has been considered by the court and is denied. (don) (Entered: 10/30/1997)

COPY of Appellate Court Order: Rehearing en banc is denied. Petition for rehearing by the panel is also denied. (don) (Entered: 10/14/1997)

COPY of Appellate Court Order: motion for an order shortening the time to seek rehearing has been denied. (don) (Entered: 09/09/1997)

COPY of Appellate Court Opinion:The order of the USDC, holding the immediate termination provisions of the PLRA unconstitutional is reversed and the case is remanded for application of those provisions to the facts of the case. (pmb) (Entered: 08/08/1997)

COPY OF LETTER FROM USCA [479-1] re appeal, [477-1] re appeal regarding letter from Dana McWay's on 7/11/97. (don) (Entered: 07/17/1997)

COPY of Appellate Court Order:The Clerk of the USCA is directed to correct the case caption by substituting the names of the current officeholders for the officeholders named in the complaint filed in the USDC. (pmb) (Entered: 07/14/1997)

COPY OF LETTER FROM USCA [479-1] re appeal, [477-1] re appeal (pmb) (Entered: 07/07/1997)

ORDER by Honorable Harold D. Vietor denying motion filed 6/12/97 captioned motion to reconsider [498-1]; Risdal contends order entered 6/3/97 was in error (cc: all counsel) (dr) (Entered: 06/13/1997)

MOTION by movant Eddie Risdal to reconsider "Correction of air or mistake" before Honorable Harold D. Vietor (cl) (Entered: 06/12/1997)

ORDER by Honorable Harold D. Vietor re [496-1] affidavit: Risdal has nothing pending in this case. The court will take no further action on the afdt (cc: all counsel) (cl) (Entered: 06/03/1997)

AFFIDAVIT of Eddie C. Risdal (cl) (Entered: 05/29/1997)

ORDER by Honorable Harold D. Vietor denying motion "local rule 201 (d) judicial mandatory notice of facts and deceit, mistake, or fraud by court, U.S. Clerk, or I.S.). mailroom censors" [494-1], denying motion for order to show cause [493-1] Risdal's contentions should be presented by class counsel if class counsel deems appropriate. ORDERED that the Clerk send copies of Risdal's filings to class counsel (cc: all counsel) (cl) (Entered: 05/23/1997)

MOTION by movant Eddie Risdal "local rule 201 (d) judicial mandatory notice of facts and deceit, mistake, or fraud by court, U.S. Clerk, or I.S.). mailroom censors" before Honorable Harold D. Vietor (ld) (Entered: 05/13/1997)

MOTION by movant Eddie Risdal for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 05/07/1997)

ORDER INDEFINITELY CONTINUING CONTEMPT HEARING by Honorable Harold D. Vietor granting motion to continue trial [491-1] If and when the matter becomes ripe for hearing, counsel shall file a motion to reschedule the hearing. (cc: all counsel) (dv) (Entered: 03/10/1997)

MOTION by all defendant's to continue trial before Honorable Harold D. Vietor (pmb) (Entered: 03/10/1997)

ORDER by Honorable Harold D. Vietor: Movant Risdal's contentions will be referred to class cnsl for consideration. The court will take no further action on Risdal's filings absent a supplementary filing by class cnsl. For docket control purposes Risdal's motion for order to show cause why defs are violating the settlement agreements in this case [489-1] is denied. ORDERED that the clerk sent copies of Risdal's filing to class cnsl (cc: all counsel) (cl) (Entered: 02/07/1997)

MOTION by movant Eddie Risdal for order to show cause why defs are violating the settlement agreements in this case before Honorable Harold D. Vietor (cl) (Entered: 01/29/1997)

ORDER by Honorable Harold D. Vietor: ORDERED that hearing on motion for order to show cause why defs should not be held in comtempt [475-1] is rescheduled to commence at 8:30 on 3/13/97 in Fort Madison (cc: all counsel) (cl) (Entered: 01/15/1997)

ORDER by Honorable Harold D. Vietor denying motion for order to show cause [486-1] for violating the limiting order (cc: all counsel) (cl) (Entered: 01/15/1997)

MOTION by movant Eddie Risdal for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 12/17/1996)

ORDER Re: Hearing by Honorable Harold D. Vietor -- HDV unable to conduct hearing previously scheduled for 12/11/96, same rescheduled... setting hearing on motion for order to show cause why defs should not be held in contempt [411-1] 8:30 a.m. on 2/13/97 at court facility on the ISP grounds. (cc: all counsel) (ld) (Entered: 12/04/1996)

NOTIFICATION by Circuit Court of Appellate Docket Number [479-1] 96-3794SIDM (sm) (Entered: 11/04/1996)

LETTER to court from Attorneyb John C. Hoyle, Attorney for USA on appeal advising this court of entry of his appearance as well as Barbara Herwig on behalf of the USA. (ld) (Entered: 11/04/1996)

COPY of Appellate Court Order:Permission for R. Ray and U.S. to take interl appeals are granted (sm) (Entered: 10/28/1996)

RECORD on appeal returned from U.S. Court of Appeals (sm) (Entered: 10/11/1996)

COPY of Appellate Court Order: John Booker Whiston is hereby appt'd to represent the appellee on appeal. (sm) (Entered: 10/11/1996)

NOTIFICATION by Circuit Court of Appellate Docket Number [477-1] 96-3634SIDM (sm) (Entered: 10/11/1996)

RECEIVED [479-1] re appeal fee in amount of $ 105.00 ( Receipt # 48562) (sm) (Entered: 10/11/1996)

NOTICE OF APPEAL by defendant Robert Ray-all defendants from Dist. Court decision [473-1] cc: all counsel (sm) (Entered: 10/11/1996)

NOTIFICATION by Circuit Court of Appellate Docket Number [477-1] 96-8146SIDM (ld) (Entered: 10/04/1996)

NOTICE OF APPEAL by intervenor USA from Dist. Court decision [473-1] cc: all counsel (sm) (Entered: 09/30/1996)

NOTIFICATION by Circuit Court of Appellate Docket Number 96- 8143SIDM (sm) (Entered: 09/26/1996)