Case: Goff v. Nix

U. S. Court of Appeals for the Eighth Circuit

INITIAL REVIEW ORDER by Honorable Donald E. O'Brien (cc: all counsel) Service of process to issue by mail according to law--service issued. (ldf) (Entered: 11/28/1990)

NOTICE (Status Report) by plaintiff Dudie J Rose, plaintiff George Goff (ld) (Entered: 01/23/1991)

ORDER by Honorable Donald E. O'Brien - defs. are to file status report required by the order of 9/19/90 by 7/22/91. (cc: all counsel) (rh) (Entered: 07/11/1991)

STATUS REPORT by defendant (rh) (Entered: 07/18/1991)

ORDER by Honorable Donald E. O'Brien (Telephone Conf) ; In-court hearing 12/18/91 at 9:30 a.m. (cc: all counsel) (ld) (Entered: 12/10/1991)

ORDER by Honorable Donald E. O'Brien [on court's own motion] ; Dispositive Motion ddl set for 4/17/92 ; Discovery ddl 3/27/92 , ; Trial 5/5/92; Ft. Madison (no time) (cc: all counsel) cc: calendar & USM (ld) (Entered: 02/25/1992)

ANSWER by defendant John Henry, defendant C C Nix (ld) (Entered: 03/09/1992)

ORDER by Magistrate Celeste F. Bremer ; Final pretrial cnf (MAG) 4/20/92 at 3:30 P.M. (cc: all counsel) (st) (Entered: 04/09/1992)

MOTION by plaintiff Dudie J Rose, plaintiff George Goff to withdraw attorney before Magistrate Celeste F. Bremer (Motion That Attorney Scott Soble be Dismissed as Acting Lawyer/That Plaintiffs be Allowed to Proceed Pro Se...) (ld) (Entered: 04/14/1992)

ORDER on final pretrial conference by Magistrate Celeste F. Bremer pretrial conf. held 4/20/92 , ; Trial 5/5/92 at 9:30 a.m. at ISP -- The court discussed the motion to withdraw with Mr. Goff & Mr. Sobel. The pltnfs' will be representing themselves pro se, but Mr. Sobel will remain appointed as stand-by resourrce counsel to assist at the trial and with post-trial briefs. The Clerk shall add both Dudie Rose and George Goff to the docket and send pleadings directly to them. The Court accepts and adopts the proposed order on final pretrial conf. [submitted by parties] which is filed with this order. WITNESS & EXHIBIT LISTS INCLUDED (cc: all counsel) (ld) (Entered: 04/21/1992)

Pro Se MOTION by plaintiff Dudie J Rose, plaintiff George Goff "for plaintiffs to be allowed to meet prior to trial and be given adequate time to prepare their final strategy" before Honorable Donald E. O'Brien (lc) (Entered: 04/23/1992)

MOTION by plaintiff Dudie J Rose, plaintiff George Goff for expense disbursement before Magistrate Mark W. Bennett (st) (Entered: 05/08/1992)

CLERK'S COURT MINUTES: Day #1, Trial to the Cuort; courtroom clerk: Michael Lennon, Jr., Law Clerk; court reporter: Sue Ann Graham; trial began 5/5/92 , sche ; Trial satisfied 5/5/92 [Note: trial not completed; final minutes and exhibit & witness list to follow] (ld) (Entered: 05/14/1992)

ORDER Granting in Part and Denying in Part by Magistrate Mark W. Bennett motion for expense disbursement before Magistrate Mark W. Bennett [30-1] -- The clerk shall issue payment from the Attorney Admission Fee Fund to Attorney Scott Sobel, for the round trip mileage, lodginh and dinner expenses claimed in counsel's Motion in the amount of $136.40. (cc: all counsel) (ld) (Entered: 05/14/1992)

REPORT by defendants'. (ld) (Entered: 07/17/1992)

ORDER ; Final pretrial cnf (MAG) CFB 10/22/92 at 4:30 a.m. /s/JRR, Clerk (cc: all counsel) (ld) (Entered: 09/23/1992)

ORDER ; Trial 11/9/92 at 9:00 a.m. in Dav. IA /s/JRR, Clerk (cc: all counsel) (ld) (Entered: 09/23/1992)

ORDER by Magistrate Celeste F. Bremer ; Final pretrial cnf (MAG) set for 10/22/92 at 4:30 p.m. is no longer needed (cc: all counsel) (jv) (Entered: 10/21/1992)

ORDER by Honorable Donald E. O'Brien ; Trial 11/18/92 at 11:00 a.m. in Davenport, Ia. (cc: all counsel) (ld) (Entered: 10/26/1992)

CLERK'S COURT MINUTES: courtroom clerk: Michael Lennon; court reporter: Carol Johnson; ; Trial held 11/18/92 , trial began , trial end Witness & Exhibit Lists attached. (ld) (Entered: 11/23/1992)

EXHIBITS re: [38-4] located w/file. (ld) (Entered: 11/23/1992)

ORDER Regarding Filing by Magistrate Celeste F. Bremer -- Papers "Combined Motions" are not deficient and shall be filed and made part of the record. (cc: all counsel) (ld) (Entered: 01/22/1993)

Combined MOTIONs by plaintiffs' to amend & Conform before Judge Donald E. O'Brien , to reopen the record to allow filing of evidenitary affidavits before Judge Donald E. O'Brien , to incorporate all motions made on the record in this proceeding into this motion [this is a just in case motion] before Judge Donald E. O'Brien (ld) Modified on 01/26/1993 (Entered: 01/22/1993)

MOTION by plaintiff George Goff, plaintiff Dudie J Rose for preliminary injunction before Honorable Donald E. O'Brien cc: cnsl (ld) (Entered: 01/27/1993)

RESISTANCE by defendant re: motion for preliminary injunction before Honorable Donald E. O'Brien [41-1] (ld) (Entered: 01/27/1993)

ORDER by Honorable Donald E. O'Brien dismissing case -= judgment to be entered for plntfs'... see order for numerous particulars... 218-OJ-48 (cc: all counsel) (ld) (Entered: 10/19/1993)

JUDGMENT: signed by L. DeFrancisco --= entered in favor of pltnfs'. See judgment for numerous particulars Re: policy to be established by ISP. (cc: all counsel) OJ 218-#49 (ld) (Entered: 10/19/1993)

EXHIBIT WITHDRAWAL LETTER: SCOTT A SOBEL for plaintiff George Goff, LAYNE M LINDEBAK for defendant C C Nix (ld) (Entered: 11/23/1993)

REPORT Setting Forth Proposed Policy by defendants'. (ld) (Entered: 12/06/1993)

ORDER by Honorable Donald E. O'Brien re [46-1] -- within 20 days of the date of this order, the defs' shall make a supplemental report setting out the then present status of the situation. (cc: all counsel) (ld) (Entered: 12/13/1993)

ORDER by Honorable Donald E. O'Brien re [44-2] -- officials responsible shall continue on with the processes they must follow for implementing the new policy. FURTHER: defs' shall serve the named plntfs' in this action with any further pleadings or policy's formulated in response to this court's Oct. 19, 1993 order. (cc: all counsel) (ld) (Entered: 12/17/1993)

RECEIPT FOR EXHIBITS: Exhibits destroyed this date by L. DeFrancisco, Deputy Clerk (Shredded) [Approved R. Raker, Chief Deputy] (ld) (Entered: 12/21/1993)

MOTION by plaintiff to denie implementation of defs' proposed policy before Honorable Donald E. O'Brien (ld) (Entered: 01/04/1994)

Final REPORT to the Court by defendants'. (ld) (Entered: 01/07/1994)

CLERK'S COURT MINUTES on hearing held 2/7/94 on objections to ISP policy RE: Red Star Mail: courtroom clerk: Liz Porter; court reporter: Carol Johnson (Tape #150); Order to Follow... (ld) (Entered: 02/14/1994)

ORDER by Honorable Donald E. O'Brien --within 30 days, ISP will submit to the Court a revised copy of its policy regarding red star mail containing clarifications of all ambiguities raised in the telephone hearing. The Court will then review this policy and set a date for a hearing on the policy revisions, including all parties in the hearing. (cc: all counsel) (ld) (Entered: 03/17/1994)

REPLY by defendant [53-1] (Submission of Revised Policy) (ld) (Entered: 04/18/1994)

ORDER by Honorable Donald E. O'Brien re [54-1] reply - The second policy submitted by ISP in relation to red star mail does not fully comply with this Courts order of 10/19/93; ISP shall within 30 days submit a new policy which is consistent with this courts directives. SEE ORDER FOR PARTICULARS (cc: all counsel) (gk) (Entered: 11/21/1995)

NOTICE OF APPEAL by defendant John Henry, defendant C C Nix from Dist. Court decision [55-1] cc: all counsel (sm) (Entered: 12/19/1995)

RECEIVED [56-1] re appeal fee in amount of $ 105.00 ( Receipt # 45615) (sm) (Entered: 12/19/1995)

NOTICE REGARDING TRANSCRIPT; appellant hereby orders Trial of 5-5-92, trial of 11-18-92 and hearing of 2-7-95; cost of the transcripts will be paid by the State of Iowa by defendant John Henry, defendant C C Nix (sm) Modified on 01/03/1996 (Entered: 01/03/1996)

MAIL Returned [56-1] addressed to plaintiff Dudie J Rose (sm) (Entered: 01/03/1996)

COPY of Appellate Court Order: Scott A. Sobel is hereby appointed to represent the appellees on appeal. (sm) (Entered: 01/08/1996)

TRANSCRIPT filed of hearing 5/9/92 at ISP (dv) (Entered: 02/20/1996)

COPY of Appellate Court Order: Scott Sobel is hereby allowed to withdraw as counsel for the appllees, Philip Mears is hereby appointed to represent the appellees on appeal. (sm) Modified on 02/22/1996 (Entered: 02/16/1996)

TRANSCRIPT filed of telephonic hearing on 2/7/94 (dv) (Entered: 02/20/1996)

TRANSCRIPT filed of court trial on 11/18/92 (dv) (Entered: 02/20/1996)

COPY of Appellate Court Order: Motion is granted for copies of transcripts at the expense of U.S. (sm) (Entered: 04/12/1996)

COPY of Appellate Court Order:opinion filed regarding an injunction against the defendants (don) (Entered: 05/23/1997)

COPY of Appellate Court Order:The motion for an extension of time until June 12, 1997, to file a petition for rehearing and for attorney fees is granted. (pmb) (Entered: 06/02/1997)

CERTIFIED COPY of judgment from USCA affirming in part and reversing in part the decision of the District Court [Appeal [56-1] (cc: all counsel) (pmb) (Entered: 06/23/1997)

EXHIBIT WITHDRAWAL LETTER: mailed to attorney for plaintiff, attorney for defendant (pmb) (Entered: 06/23/1997)

MAIL Returned [67-1] addressed to plaintiff Dudie J Rose (dv) (Entered: 07/08/1997)

COPY of Appellate Court Order:The motion for an award of attorney's fees and expenses are granted, for a total award of $3,242.50. Secondly, the USCA allows only $500 in fees for appellants' 54 page response, this document seems more elaborate than necessary. (pmb) (Entered: 08/19/1997)

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