Case: Smith v. Maschner

Kansas state appellate court

U.S. Court of Appeals for the Tenth Circuit

PETITION for removal by plaintiff (DO) (Entered: 04/03/1991)

AMENDED COMPLAINT by plaintiff (DO) (Entered: 04/03/1991)

PRE-TRIAL ORDER ENTERED by Senior Judge Dale E. Saffels (cc: all counsel) (DO) (Entered: 04/03/1991)

AMENDED COMPLAINT [2-1] by plaintiff (DO) (Entered: 04/03/1991)

ORDER ENTERED: by Senior Judge Dale E. Saffels Pltf's motion for summary judgment is denied; defts' motion for summary judgment is granted; dismissing case (cc: all counsel) (DO) (Entered: 04/03/1991)

NOTICE OF APPEAL by plaintiff from Dist. Court decision re: re: [68- 2] (cc: all counsel, 10CCA) (DO) (Entered: 04/03/1991)

MANDATE, 10CCA: Judgment is affirmed in part and reversed in part. The cause is remanded to the U.S. District Court for the District of KS for further proceedings in accordance with the opinion of this court. (cc: all counsel) (DO) (Entered: 04/03/1991)

LETTER to court from plaintiff (DO) (Entered: 04/03/1991)

NOTICE of jury trial-Entered-Clerk: Jury trial set 10/28/91 @ 10:00 a.m. before The Hon. Dale E. Saffels, Sr. District Judge (cc: all counsel) (CAM) Modified on 07/01/1991 (Entered: 06/19/1991)

MAIL Returned re: hearing notice [88-2] addressed to Jerry Wayne Smith (CAM) (Entered: 07/01/1991)

Letter remailed to Jerry Wayne Smith 7/1/91 (CAM) (Entered: 07/01/1991)

ATTORNEY APPEARANCE for defendant by Jon P. Fleenor and NOTICE OF WITHDRAWAL by Martha M. Snyder (DO) (Entered: 09/18/1991)

ORDER ENTERED: by Senior Judge Dale E. Saffels. Court finds good cause for a pretrial conference & accordingly will refer this matter to the U.S. Magistrate Judge sitting in Leavenworth, KS, to conduct a telephonic pretrial within 60 days. Jury trial scheduled for 10/28/91 continued until further notice (cc: pltf; Atty Gen) (CAM) (Entered: 10/09/1991)

ORDER ENTERED: by Magistrate Judge John C. Tillotson: Telephonic Pretrial conference set 12/11/91 @ 2:30 p.m. Further Ordered that 5 days before pretrial pltf shall file narrative written statement of facts to be offered by oral or documentary evidence at trial, file a list of all exhibits to be offered in evidence at the trial, file a list of names & addresses of all witnesses pltf intends to call, file a summary of anticipated testimony of any witnesses who are presently incarcerated & provide Magistrate w/telephone number where he can be reached at time of pretrial conference. Further ordered that counsel for defts shall be prepared to state at time of pretrial, the facts to be offered into evidence at trial & to list all of the names of witnesses defts intend to call. Further Ordered that on or before pretrial defts shall prepare & file any motion alleged by them to be dispository of the case or any issues herein, together w/supporting affidavits & authorities (cc: pltf; Atty Gen) (CAM) (Entered: 11/22/1991)

MOTION by defendant to extend time to file dispositive motions referred to Senior Judge Dale E. Saffels (CAM) (Entered: 12/26/1991)

ORDER ENTERED: by Magistrate Judge John C. Tillotson granting defts' motion to extend time to 1/31/92 to file dispositive motions [94-1] (cc: pltf; Atty Gen) (CAM) (Entered: 12/31/1991)

OBJECTIONS by plaintiff re: motion to extend time to file dispositive motions referred to Senior Judge Dale E. Saffels [94-1] (CAM) (Entered: 01/06/1992)

MOTION by defendant to extend time to file dispositive motions referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/04/1992)

ORDER ENTERED: by Senior Judge Dale E. Saffels granting defts' motion to extend time to 2/14/92 to file dispositive motions referred to Senior Judge Dale E. Saffels [97-1] (cc: pltf; Atty Gen ) (CAM) (Entered: 02/04/1992)

PRE-TRIAL ORDER ENTERED by Senior Judge Dale E. Saffels: Terminating case referral of Magistrate Judge John C. Tillotson; Discovery complete; Parties shall have until 1/1/92 to renew any applicable grounds for relief by motion for summary judgment; jury trial at Topeka, KS; Ready for trial after 1/1/92 & disposition of any pending motions; ETT: 4 to 5 days days; Prospects for settlement are nil. (cc: pltf; Atty Gen) (CAM) (Entered: 02/04/1992)

MOTION by defendants for summary judgment referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/18/1992)

MEMORANDUM in support by defendants re: motion for summary judgment referred to Senior Judge Dale E. Saffels [100-1] (CAM) (Entered: 02/18/1992)

ATTORNEY APPEARANCE for defendant by Kristy L. Hiebert & notice of withdrawal of Jon P. Fleenor (ICMSUSER) (Entered: 06/04/1992)

ORDER ENTERED: by Senior Judge Richard D. Rogers re [100-1] Pltf ordered to respond to defts' motion for summary judgment & supporting documents within 20 days from date of this order. Failure to respond as ordered may result in entry of summary judgment against pltf (cc: all counsel) (CAM) (Entered: 02/16/1994)

ORDER ENTERED: by Senior Judge Dale E. Saffels appointing Stephen W. Kessler as counsel for pltf (cc: all counsel) (LAK) (Entered: 03/11/1994)

MOTION by plaintiff to extend time to respond to defts' motion for summary judgment; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 03/16/1994)

ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion to extend time until 4/15/94 to respond to defts' motion for summary judgment [105-1] (cc: all counsel) (CAM) Modified on 04/19/1995 (Entered: 03/17/1994)

RESPONSE by plaintiff to defts' motion for summary judgment; referred to Senior Judge Dale E. Saffels [100-1] (LAK) (Entered: 04/11/1994)

CROSS MOTION by plaintiff for summary judgment; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 04/11/1994)

NOTICE of change of address by plaintiff Jerry Wayne Smith: PO Box 1000, Oxford, WI 53952-1000 (LAK) (Entered: 01/09/1996)

MEMORANDUM AND ORDER: by Senior Judge Dale E. Saffels denying motion by defts for summary judgment [100-1]; denying cross- motion by pltf for summary judgment [107-1] Jury trial set for 3/18/96 at 1:30 pm. 18 pages (cc: all counsel) (LAK) (Entered: 01/11/1996)

MOTION by plaintiff for order to issue subpoenas; referred to Senior Judge Dale E. Saffels (LAK) Modified on 03/15/1996 (Entered: 02/23/1996)

MOTION by plaintiff for writ of habeas corpus ad testificandum; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 02/23/1996)

MOTION by plaintiff for appointment of expert; referred to Senior Judge Dale E. Saffels (LAK) (Entered: 02/23/1996)

ATTORNEY APPEARANCE for defendant by Lawrence J. Logback (CAM) (Entered: 02/29/1996)

MOTION by defendants to dismiss referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/29/1996)

MEMORANDUM in support re: motion by defendants to dismiss referred to Senior Judge Dale E. Saffels [113-1] (CAM) (Entered: 02/29/1996)

OBJECTIONS by defendant re: [111-1] motion by plaintiff for appointment of expert; referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/29/1996)

OBJECTIONS by defendant re: [109-1] motion by plaintiff for order to issue subpoenas; referred to Senior Judge Dale E. Saffels (CAM) (Entered: 02/29/1996)

RESPONSE by defendant to motion by plaintiff for writ of habeas corpus ad testificandum; referred to Senior Judge Dale E. Saffels [110-1] (CAM) (Entered: 02/29/1996)

ORDER ENTERED: by Senior Judge Dale E. Saffels granting motion by plaintiff for writ of habeas corpus ad testificandum [110-1] for Jerry Wayne Smith for appearance on 3/18/96 at 1:30 pm before Senior Judge Saffels (cc: all counsel; USPO; USM) (LAK) (Entered: 03/06/1996)

NOTICE of hearing: motions hearing set for 3/18/96 at 1:30 pm before Senior Judge Saffels for Herb Maschner (cc: all counsel; USPO) (LAK) (Entered: 03/06/1996)

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM for Jerry Wayne Smith for appearance before Senior Judge Saffels on 3/18/96 at 1:30 pm (LAK) (Entered: 03/06/1996)

ORDER ENTERED: by Senior Judge Dale E. Saffels re pltf's motions for order to issue subpoenas [109-1]; motion for writ of habeas corpus ad testificandum [110-1]; motion for appointment of expert [111-1]. Denying motion of defendants to dismiss [113-1]. Jury trial continued to 4/18/96 at 9:00 am. Hearing on pending motions & other pretrial matters set for 3/18/96 at 1:30 pm (cc: all counsel) (LAK) Modified on 03/15/1996 (Entered: 03/07/1996)

ATTORNEY APPEARANCE for defendant by John R. Dowell (MB) Modified on 03/15/1996 (Entered: 03/14/1996)

MINUTE SHEET of status hearing at Topeka, KS before Senior Judge Dale E. Saffels: Counsel directed to attempt to reach agreement without court intervention re pending motions (LAK) (Entered: 03/25/1996)

CERITIFICATE of svc of affidavit by plaintiff to deft on 3/22/96 (MB) Modified on 03/22/1996 (Entered: 03/22/1996)

ORDER ENTERED: by Senior Judge Dale E. Saffels denying motion by plaintiff for appointment of expert, [111-1]; denying motion by plaintiff for order to issue subpoenas, [109-1]; and granting motion by plaintiff for writ of habeas corpus ad testificandum to the extent stated in the order, [110-1] (cc: all counsel) (MS) (Entered: 03/22/1996)

NOTICE of hearing: Jury trial set for 4/29/96 at 10:00 am before Senior Judge Dale E. Saffels (cc: all counsel; USPM) (LAK) (Entered: 03/26/1996)

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM ENTERED: by Senior Judge Dale E. Saffels for Jerry Wayne Smith for appearance 4/29/96 at 10:00 am (cc: all counsel; USM) (LAK) (Entered: 03/26/1996)

ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM ENTERED: by Senior Judge Dale E. Saffels for Craig Bryant for production on 4/29/96 at 10:00 am (cc: all counsel; USM) (LAK) (Entered: 04/17/1996)

WRIT OF HABEAS CORPUS AD TESTIFICANDUM issued to USM for Craig Bryant on 4/29/96 at 10:00 am before Senior Judge Dale E. Saffels (LAK) (Entered: 04/17/1996)

WITNESS & EXHIBIT LIST submitted by defendants (LAK) (Entered: 04/22/1996)

OBJECTIONS by defendant to pltf's proposed exhibits (MB) (Entered: 04/25/1996)

ORDER ENTERED: by Senior Judge Dale E. Saffels. Writ of habeas corpus ad testificandum issued by the court for pltf Jerry Wyane Smith is cancelled & USM directed to return pltf to FCI Oxford, WI to continue serving sentence (cc: all counsel; USM) (LAK) (Entered: 04/25/1996)

STIPULATION OF DISMISSAL by parties (MS) (Entered: 08/26/1996)

ORDER ENTERED: by Senior Judge Dale E. Saffels regarding stipulation [132-1] - this action is dismissed with prejudice (cc: all counsel) (MS) (Entered: 09/05/1996)

ORDER ENTERED by Judge G. T. VanBebber: all monies now in the registry and restitution deposit funds of the Court and on deposit for at least five years unclaimed by persons shall be transferred to the Treasury of the US (cc: all counsel) (DAW) (Entered: 07/25/2000)