Gavin v. Branstad

U. S. Court of Appeals for the Eighth Circuit

Gavin v. Branstad

Supreme Court of the United States

Gavin v. Branstad

Supreme Court of the United States

ORDER by Honorable Harold D. Vietor Case consolidated 4:78-cv- 70062 with member cases 4:92-cv-70167 Joint report to the Court due by 5/10/93 (cc: all counsel) (cl) (Entered: 08/06/1993)

BRIEF FILED by defendant Robert Ray (cl) (Entered: 08/17/1993)

ORDER by Honorable Harold D. Vietor: ORDERED that case be stayed pending resolution of contempt claim in Gavin (4-93-70325). Class cnsl in Gavin shall represent Stone as well as Camp and the class. FURTHER ORDERED that the clerk cop this order and file it in Gavin. (cc: all counsel) (cl) (Entered: 10/13/1993)

MOTION by movants Steven Wycoff and Glendale More to remove pltfs cnsl before Honorable Harold D. Vietor , for re-appointment of new counsel before Honorable Harold D. Vietor , for hearing before Honorable Harold D. Vietor (cl) Modified on 10/19/1993 (Entered: 10/19/1993)

MOTION by movant Steven R Wycoff in 4:78-cv-70062, movant Glendale More Jr in 4:78-cv-70062 for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 10/19/1993)

ORDER by Honorable Harold D. Vietor re [388-1], re [387-1], re [387- 2] : ORDERED that cnsl for both parties are granted to and incl 11/12/93 within which to file a response to the "Motion for Order to Show Cause Why 'Plaintiff's Lawyers; Defendant's Lawyers and Defendant's Should Not be Held In Contempt" filed by Wycoff and More. FURTHER ORDERED that pltf's cnsl are granted to and including 11/12/93 to file their response to the "Motion to Remove Plaintiffs' Counsel and Motion to Re-Appoint New Counsel" filed by Wycoff and More. (cc: all counsel) (cl) (Entered: 10/20/1993)

MOTION by movant Steven R Wycoff, movant Glendale More Jr for declatory judgment before Honorable Harold D. Vietor (cl) (Entered: 10/29/1993)

RESPONSE by defendant Robert Ray re: [388-1] motion for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor, re: [387-1] motion to remove pltfs cnsl before Honorable Harold D. Vietor, re: [387-2] motion for re-appointment of new counsel before Honorable Harold D. Vietor (cl) (Entered: 11/12/1993)

AFFIDAVIT of Barbara A. Schwartz regarding response [392-1] (cl) (Entered: 11/12/1993)

AFFIDAVIT of Paul Papak regarding response [392-1] (cl) (Entered: 11/12/1993)

RESPONSE by defendant re: [388-1] motion for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor (cl) (Entered: 11/17/1993)

ORDER by Honorable Harold D. Vietor - the time to file a resistance to: re [390-1] is extended by the ct. until 11/26/93. (cc: all counsel) (rh) (Entered: 11/19/1993)

ORDER by Honorable Harold D. Vietor: Defs shall carefully comply with all provisions of the settlement agreement as interpreted herein. Defs shall pay pltf Camp the sum of $2.00 per day for each of the 90 days that his television was improperly confiscated for a total of $180.00. Judgment will be entered against defs for plf Camp's reasonable costs and atty fees. (cc: all counsel) (cl) (Entered: 11/23/1993)

JUDGMENT: signed by Carolyn Larkins, Deputy Clerk re [397-1] (cc: all counsel) OJ 218-136 (cl) (Entered: 11/23/1993)

REMARK: Case #4-92-70167 closed this date per judgment entered (cl) (Entered: 11/23/1993)

RESISTANCE by defendant Robert Ray motion for declatory judgment before Honorable Harold D. Vietor [390-1] (gk) (Entered: 11/24/1993)

ORDER by Honorable Harold D. Vietor the motion for hearing on declatory judgment is terminated [391-1] motion for declatory judgment denied and dismissed [390-1] (cc: all counsel) (cl) (Entered: 12/02/1993)

ORDER by Honorable Harold D. Vietor: Pltf's cnsl is hereby awarded $900 in attys fees and costs (cc: all counsel) (cl) (Entered: 12/03/1993)

ORDER by Honorable Harold D. Vietor granting motion for re- appointment of new counsel [387-2] appointing PHILIP B MEARS (cc: all counsel) (cl) (Entered: 12/08/1993)

REMARK: Copy of mentioned pleading to Philip Mears this date for appt of cnsl (cl) (Entered: 12/08/1993)

NOTICE by movant Steven R Wycoff, movant Glendale More Jr of withdrawal of motion for order to show cause why "Plaintiffs'" lawyers; Defendants Lawyers and the defendants should not be held in contempt before Honorable Harold D. Vietor [388-1] (cl) (Entered: 01/03/1994)

ORDER LIFTING STAY, APPOINTING COUNSEL, AND EXTENDING DISPOSITIVE MOTION DEADLINE by Honorable Harold D. Vietor Original filed in 4-93-70325 (cc: all counsel) (cl) (Entered: 02/04/1994)

MOTION by movant William E Blakeman to proceed in forma pauperis before Honorable Harold D. Vietor (cl) (Entered: 03/03/1994)

MOTION by movant William E Blakeman for appointment of counsel before Honorable Harold D. Vietor (cl) (Entered: 03/03/1994)

MOTION by movant William E Blakeman for issuance of rule to show cause (for order) before Honorable Harold D. Vietor (cl) (Entered: 03/03/1994)

ORDER by Honorable Harold D. Vietor: Contentions such as Blakeman's should be presented by class cnsl, if class cnsl deems that appropriate. Movant Blakeman's contentions will e referred to class cnsl for consideration. The court will take no further action on his filings absent a supplementary filing by class cnsl. For docket control purposes Blakeman's motions [408-1], [407-1], [406-1] are denied. ORDERED that clerk send copies of the Blakeman filings to class cnsl (cc: all counsel) (cl) (Entered: 04/01/1994)

MOTION by movant William E Blakeman to dismiss application for issuance rule to show cause with prejudice before Honorable Harold D. Vietor (cl) (Entered: 06/22/1994)

MOTION by plaintiff Michael Patrick Gavin, movant Glendale More Jr, movant William E Blakeman for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor (cl) Modified on 04/07/1998 (Entered: 11/07/1995)

ORDER by Honorable Harold D. Vietor re [411-1] motion for order to show cause why defs should not be held in contempt: ORDERED that defs file their response to pltfs' m/order to show cause on or before 11/29/95 (cc: all counsel) (cl) (Entered: 11/08/1995)

RESISTANCE by defendants to motion for order to show cause why defs should not be held in contempt before Honorable Harold D. Vietor [411- 1] (cl) (Entered: 11/14/1995)

ORDER by Honorable Harold D. Vietor ; In-court hearing (MAG) set for 2/23/96 at 8:30; at the Iowa State Penitentiary in Fort Madison See order for particulars (cc: all counsel) (dv) (Entered: 11/16/1995)

ORDER by Honorable Harold D. Vietor denying motion for order to show cause why defs should not be held in comtempt [415-1] for docket control purposes: If class cnsl determines his claims should be pursued they may be renewed by means of a supplementary filing. ORDERED that the clerk send copies of Browne's filing to class cnsl (cl) (Entered: 02/08/1996)

ORDER by Honorable Harold D. Vietor setting hearing on motion for order to show cause why defs should not be held in contempt [411-1] 8:30 3/29/96 (cc: all counsel) (dv) (Entered: 02/09/1996)

MOTION by plaintiff Michael Patrick Gavin to vacate scheduling order before Honorable Harold D. Vietor (cl) (Entered: 02/12/1996)

ORDER by Honorable Harold D. Vietor granting motion to vacate scheduling order [418-1] Scheduling has already been taken care of by the order rescheduling the hearing filed 2/8/96 (cc: all counsel) (cl) (Entered: 02/15/1996)

ORDER by Honorable Harold D. Vietor setting hearing on motion for order to show cause why defs should not be held in contempt [411-1] 8:30 5/30/96 in Fort Madison (cc: all counsel) (dv) (Entered: 03/08/1996)

MOTION by movant Artuth Killinger, movant Ronald Kulow for order to show cause before Honorable Harold D. Vietor (cl) (Entered: 04/26/1996)

MOTION by movant Artuth Killinger to amend before Honorable Harold Vietor (cl) Modified on 05/06/1996 (Entered: 05/02/1996)

ORDER by Honorable Harold D. Vietor re [422-1] motion to amend order to show cause : ORDERED that the AG file his response to pltf's m/amend order to show cause on or before 5/10/96 (cc: all counsel) (cl) (Entered: 05/07/1996)

MOTION by defendant Robert Ray for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/14/1996)

MEMORANDUM by defendant in support [424-1] of motion for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/14/1996)

INDEFINITE CONTINUANCE OF HEARING (ORDER) by Honorable Harold D. Vietor re pltfs' motion for contempt [411-1]: Due to the Prison Litigation Reform Act and for good cause shown, the contempt hearing scheduled for May 30 is indefinitely postponed (cc: all counsel) (cl) (Entered: 05/17/1996)

ORDER by Honorable Harold D. Vietor: Killinger's motion for order to show cause requiring defs to show cause why they should not be held in contempt [421-1] is denied (cc: all counsel) (cl) (Entered: 05/28/1996)

MOTION by plaintiffs to extend time in which to resist defs' m/termination of relief before Honorable Harold D. Vietor (cl) (Entered: 05/30/1996)

ORDER by Honorable Harold D. Vietor granting motion to extend time in which to resist defs' m/termination of relief [428-1] SEE ORDER FOR PARTICULARS (cc: all counsel) (cl) (Entered: 06/05/1996)

SCHEDULING ORDER by Honorable Harold D. Vietor: Pltfs shall file brief in response to defs m/terminate relief on or before 6/28/96. Defs are granted to and including 7/8/96 within which to file their brief. Any request for a hearing by way of presentation of evidence or oral argument shall be filed by not later than 7/12/96 (cc: all counsel) (cl) (Entered: 06/13/1996)

ORDER by Honorable Harold D. Vietor -- The court will hear plntfs' oral request for temp. restraining order [motion to be filed 6/7/96 per ml/hdv's office] in chambers, subject to the possibility that another judge will be available to hear the TRO request on an earlier date. ; In-court hearing 6/12/96 at 1:30 p.m. (cc: all counsel) (ld) (Entered: 06/06/1996)

MOTION by plaintiff Michael Patrick Gavin for temporary restraining order before Honorable Harold D. Vietor , and for preliminary injunction before Honorable Harold D. Vietor (cl) (Entered: 06/11/1996)

NOTICE OF CHALLENGE OF CONSTITUTIONALITY OF PRISON LITIGATION REFORM ACT by plaintiffs (cl) (Entered: 06/11/1996)

MOTION by plaintiff to exceed page limitation before Judge Ronald E. Longstaff (cl) (Entered: 06/11/1996)

ORDER by Judge Ronald E. Longstaff granting motion to exceed page limitation [433-1] (cc: all counsel) (cl) (Entered: 06/11/1996)

MEMORANDUM by plaintiff in support [431-1] of motion for temporary restraining order before Honorable Harold D. Vietor, [431-2] of motion for preliminary injunction before Honorable Harold D. Vietor (cl) (Entered: 06/11/1996)

CERTIFICATION TO UNITED STATES ATTORNEY GENERAL (ORDER) by James R. Rosenbaum, Clerk: If the US elects to intervene, it shall do so, on or before 6/12/96. Hearing on motion for temporary restraining order [431-1] and motion for preliminary injunction [431-2] is scheduled to commence at 1:30 on 6/12/96 (cc: all counsel) (cl) (Entered: 06/11/1996)

CLERK'S COURT MINUTES: courtroom clerk: Pat Bridges; court reporter: Theresa Kenkel; denying motion for temporary restraining order [431-1], terminating motion for preliminary injunction [431-2] (cl) (Entered: 06/13/1996)

PARTIAL HEARING TRANSCRIPT of hearing held 6/12/96 filed (cl) (Entered: 06/19/1996)

TRANSCRIPT OF HEARING HELD 6/12/96 filed (cl) (Entered: 06/26/1996)

MOTION by intervenor USA to intervene before Honorable Harold D. Vietor (cl) (Entered: 07/02/1996)

MOTION by intervenor USA for extension of time to file memorandum before Honorable Harold D. Vietor (cl) (Entered: 07/08/1996)

ORDER by Honorable Harold D. Vietor granting motion to intervene [442-1] by the United States (cc: all counsel) (cl) (Entered: 07/08/1996)

MOTION by plaintiffs for summary judgment before Honorable Harold D. Vietor (cl) (Entered: 07/08/1996)

STATEMENT OF UNDISPUTED FACTS by plaintiff Michael Patrick Gavin [445-1] in support of motion for summary judgment before Honorable Harold D. Vietor (cl) (Entered: 07/08/1996)

MOTION by plaintiffs to exceed page limitation before James R. Rosenbaum, Clerk (cl) (Entered: 07/08/1996)

ORDER by Honorable Harold D. Vietor granting motion for extension of time to file memorandum -- USA granted to and including 7/15/96 to file memorandum. [443-1] (cc: all counsel) (ld) (Entered: 07/12/1996)

Ruling and ORDER by Honorable Harold D. Vietor granting motion to file overlenght brief, clerk directed to file brief. [447-1] (cc: all counsel) (ld) (Entered: 07/12/1996)

RESISTANCE by all plaintiffs' to motion for termination before Honorable Harold D. Vietor [424-1] (Part 1 of pleading) (ld) (Entered: 07/12/1996)

MEMORANDUM by all plaintiffs' in support [445-1] of motion for summary judgment before Honorable Harold D. Vietor (Part 2 of pleading #450) (ld) (Entered: 07/12/1996)

MOTION (MOTION OF THE UNITED STATES OF AMERICA FOR LEAVE OF COURT TO FILE MEMORANDUM EXCEEDING PAGE LIMITATION) by intervenor USA to exceed page limitation before Magistrate Judge Ross A. Walters (dv) (Entered: 07/17/1996)

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [451-1] (cc: all counsel) (dv) (Entered: 07/17/1996)

BRIEF FILED (MEMORANDUM OF LAW OF THE USA WITH RESPECT TO THE CONSTITUTIONALITY OF CERTAIN PROVISIONS OF THE PRISON LITIGATION REFORM ACT by intervenor USA (dv) (Entered: 07/17/1996)

MOTION by plaintiff Michael Patrick Gavin for leave to tofile a reply brief before Honorable Harold D. Vietor , to extend time in which to file such brief before Honorable Harold D. Vietor (cl) (Entered: 07/23/1996)

ORDER by Honorable Harold D. Vietor granting motion for leave to tofile a reply brief [454-1], granting motion to extend time in which to file such brief [454-2]: ORDERED that pltf's are granted to and including 5 days after service on them of defs' brief within which to file their reply brief. (cc: all counsel) (cl) (Entered: 07/26/1996)

MOTION by defendant Robert Ray to exceed page limitation before Honorable Harold D. Vietor (cl) Modified on 07/26/1996 (Entered: 07/26/1996)

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [456-1] (cc: all counsel) (cl) Modified on 07/30/1996 (Entered: 07/26/1996)

SUPPLEMENTAL BRIEF FILED by defendant [424-1] regarding motion for termination of relief before Honorable Harold D. Vietor (cl) Modified on 07/30/1996 (Entered: 07/26/1996)

MOTION by intervenor USA for leave of court to file supplemental memorandum before Honorable Harold D. Vietor (ld) (Entered: 08/07/1996)

RENEWED MOTION by plaintiff for temporary and preliminary relief before Honorable Harold D. Vietor (cl) Modified on 04/07/1998 (Entered: 08/08/1996)

MEMORANDUM by plaintiff in support [460-1] of motion for temporary and preliminary relief before Honorable Harold D. Vietor (cl) (Entered: 08/08/1996)

ORDER by Honorable Harold D. Vietor granting motion for leave of court to file supplemental memorandum [459-1] (cc: all counsel) (cl) (Entered: 08/12/1996)

SUPPLEMENTAL MEMORANDUM OF LAW by intervenor USA [453-1] to motion brief (cl) (Entered: 08/12/1996)

MOTION by plaintiff Michael Patrick Gavin to exceed page limitation before Honorable Harold D. Vietor (cl) (Entered: 08/12/1996)

ORDER by Honorable Harold D. Vietor: ORDERED that operation of the automatic stay provision of the Prison Litigation Reform Act is stayed pending final decision of the court on defs' m/terminate consent decree, andthere shall be no stay of prospective relief. The parties shall continue to comply with the settlement agreement filed on 5/3/84 (etc) pending further order of the court (cc: all counsel) (cl) (Entered: 08/13/1996)

ORDER by Honorable Harold D. Vietor granting motion to exceed page limitation [464-1] (cc: all counsel) (cl) (Entered: 08/14/1996)

REPLY BRIEF by plaintiff re [424-1] motion for termination of relief before Honorable Harold D. Vietor (cl) (Entered: 08/14/1996)

TRANSCRIPT OF HEARING HELD 8/9/96 @ 11:00 A.M. filed (cl) (Entered: 08/16/1996)

ORDER TO SHOW CAUSE by Honorable Harold D. Vietor: ORDERED that at the commencement of the hearing on m/terminate the consent decree on 9/3/96, cnsl for pltfss shall orally show cause, if they can, why the court should not strike as inappropriate comment footnote 2 at page 4 of pltfs' rply brief concerning immediate termination (cc: all counsel) (cl) (Entered: 08/22/1996)

CLERK'S COURT MINUTES: courtroom clerk: Jon Sunins; court reporter: Kelli M. Mulcahy; Ruling reserved on the motion for summary judgment [445-1],and the motion for termination of relief [424-1] (cl) (Entered: 09/04/1996)

TRANSCRIPT OF HEARING HELD 9/3/96 @ 1:30 b/4 HDV filed (cl) (Entered: 09/16/1996)

ORDER by Honorable Harold D. Vietor: Pltf's motion for summary judgment [445-1] s denied as moot. Defs' motion for termination of relief [424-1] is denied (cc: all counsel) (cl) (Entered: 09/19/1996)

ORDER by Honorable Harold D. Vietor granting motion to amend [422- 1] Hearing on pltfs' amended motion for order to show cause why defs should not be held in contempt [411-1] will be held in the court facility at ISP at 8:30 on 12/11/96. Alternate date is 2/13/97 ; Discovery ddl set for 11/18/96; estimated length of trial is 1 1/2 days (cc: all counsel) (cl) (Entered: 09/20/1996)

AMENDED MOTION by plaintiff for order to show cause why defs should not be held in comtempt before Honorable Harold D. Vietor (cl) (Entered: 09/20/1996)

LETTER to court from 8th circuit dated 9-23-96 stating petition for permission to appeal has been received and filed today under the misc number and will be submitted to the court. You will be advised of the court's ruling in the matter. (sm) (Entered: 09/26/1996)

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

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 [477-1] 96-8146SIDM (ld) (Entered: 10/04/1996)

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

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

NOTIFICATION by Circuit Court of Appellate Docket Number [477-1] 96-3634SIDM (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)

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

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