Inmate 24394 v. Schoen

363 F.Supp. 683, 1973 U.S.Dist.LEXIS 11978

51 F.Supp.2d 1001, 1999 U.S.Dist.LEXIS 7534

Ridsdale v. Schoen

U. S. Court of Appeals for the Eighth Circuit

245 F.3d 718, 2001 U.S.App.LEXIS 5664

MOTION by Michael John Husten for leave to proceed in pro se ( to Judge James M. Rosenbaum ) . (1pg) (CJF) Modified on 04/17/1996 (Entered: 04/17/1996)

AFFIDAVIT of Michael John Husten re: motion for leave to proceed in pro se [89-1]. (1pg) (CJF) (Entered: 04/17/1996)

MOTION by Michael John Husten for preliminary injunction/TRO and to modify previous order of Judge Neville (to Magistrate Judge Noel, previously to Judge M. Rosenbaum ) (now to be heard by Magistrate Erickson) . (2pgs) (CJF) Modified on 06/18/1996 (Entered: 04/17/1996)

AFFIDAVIT of Michael John Husten re: motion for preliminary injunction/TRO [91-1] & to modify previous order of Judge Neville [91-2]. (1pg) (CJF) (Entered: 04/17/1996)

MEMORANDUM by Michael John Husten in support of motion for preliminary injunction/TRO [91-1] & to modify previous order of Judge Neville [91-2]. (11pgs) (CJF) (Entered: 04/17/1996)

Assigned to Judge James M. Rosenbaum on the Habeas Corpus List and Referred to Magistrate Judge Franklin E. Noel. (CJF)

ATTORNEY SUBSTITUTION: terminating Jonathan Morgan for defts and substituting Mark Levinger. (PJS)

ORDER ( Judge James M. Rosenbaum / 4/23/96) that this matter is referred to Magistrate Judge Noel. (cc: all counsel) 1 page (PJS) (Entered: 04/25/1996)

MOTION by Preston T Ridsdale for protective order (to Magistrate Judge Franklin L. Noel) (now to be heard by Magistrate Erickson) (2 pgs) (DFL) Modified on 06/18/1996 (Entered: 05/09/1996)

MOTION by Preston T Ridsdale for order holding defendants in contempt of court's order (to Magistrate Judge Franklin L. Noel) (now to be heard by Magistrate Erickson) (7 pgs) (DFL) Modified on 06/18/1996 (Entered: 05/09/1996)

MOTION by Michael John Husten for writ of habeas corpus ad testificandum (to Magistrate Judge Franklin L. Noel) (now to be heard before Magistrate Erickson) (1 pg) (DFL) Modified on 06/18/1996 (Entered: 05/14/1996)

ORDER OF RECUSAL (Magistrate Judge Franklin L. Noel / 5/16/96) Case referred to Magistrate Judge Raymond L. Erickson (cc: all counsel) (1 pg) (DFL) (Entered: 05/16/1996)

ORDER ( Magistrate Judge Raymond L. Erickson / 7/15/96) that defts shall respond to the movant's filings within 20 days of the date of this order. (cc: all counsel) 4 pages (PJS) (Entered: 07/17/1996)

MOTION by defendants to extend time to file responses to motions of movants. ( to Magistrate Judge Raymond L. Erickson ) 2 pages (PJS) (Entered: 08/06/1996)

AFFIDAVIT of Mark B. Levinger regarding motion to extend time to file responses to motions of movants. [100-1] 2 pages (PJS) (Entered: 08/06/1996)

NOTICE OF SUBSTITUTION OF COUNSEL that Mark B. Levinger represents defts instead of Karl Hansen. (1 page) (PJS) (Entered: 08/06/1996)

ORDER (Magistrate Judge Raymond L. Erickson / 8/8/96) granting motion to extend time to file responses to motions of movants [100-1] to and including 8/16/96 (cc: all counsel) (2 pgs) (DFL) (Entered: 08/12/1996)

MEMORANDUM by defendants in opposition to motions for contempt, temporary restraining order, and for discovery. [96-1] [95-1] [91-1] [91-2] 14 pages (PJS) (Entered: 08/19/1996)

AFFIDAVIT AND EXHIBITS of Robert L. Aufderhar. (14 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT of Debra Nelson. (3 pages) (PJS) (Entered: 08/19/1996)

MEMORANDUM by defendants in opposition to motions for preliminary injunction/TRO [91-1], to modify previous order of Judge Neville [91-2], and for writ of habeas corpus ad testificandum. [97-1] 34 pages (PJS) (Entered: 08/19/1996)

AFFIDAVIT of Dennis Johnson. (2 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT of Bill Richert. (2 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT AND EXHIBITS of Howard McClish. (11 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT of Rick Hillengass. (3 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT AND EXHIBITS of Mike Kriegler. (17 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT of Debra Nelson. (3 pages) (PJS) (Entered: 08/19/1996)

AFFIDAVIT of Rick Hillengass (2 pgs) (DFL) (Entered: 08/22/1996)

AFFIDAVIT of Mike Kreigler (4 pgs) (DFL) (Entered: 08/22/1996)

AFFIDAVIT of Debra Nelson (2 pgs) (DFL) (Entered: 08/22/1996)

AFFIDAVIT of Sue Churchill (2 pgs) (DFL) (Entered: 08/22/1996)

AFFIDAVIT of Debra Nelson 3pgs (PAK) (Entered: 08/26/1996)

AFFIDAVIT of Robert L. Aufderhar (4 pgs) (DFL) (Entered: 08/29/1996)

MOTION by movant Michael John Husten to dismiss without prejudice (to Magistrate Judge Raymond L. Erickson) (1 pg) (DFL) (Entered: 09/17/1996)

MEMORANDUM by plaintiff in support of motion to dismiss without prejudice [120-1] and answer to defendants opposition (16 pgs) (DFL) (Entered: 09/17/1996)

ORDER ( Magistrate Judge Raymond L. Erickson / 9/17/96) that the movants shall have until 10/3/96 in which to respond, should he so choose, to the respondent's memorandum of law in opposition to their various motions. (cc: all counsel) 2 pages (PJS) (Entered: 09/18/1996)

ATTORNEY SUBSTITUTION: terminating attorney Mark Bernard Levinger for Bruce McManus, William R. Whiting, Charles W Poe, Benjamin N Berger, Wilfred Antell, Llewellyn H Linde and Kenneth Schoen and substituting attorney Jeffrey E E Toenges (2 pgs) (DFL) (Entered: 09/23/1996)

MEMORANDUM by defendants in opposition to motion to dismiss without prejudice [120-1] (4 pgs) (DFL) (Entered: 09/23/1996)

REPORT AND RECOMMENDATION (to Judge James M Rosenbaum) (Magistrate Judge Raymond L Erickson / 2/27/97) that Michael John Husten's motion for voluntary dismiss without prejudice 120 be denied; that Preston T Ridsdale's motion for order holding defendants in contempt of court's order 96 be denied; that Michael John Husten's motion for preliminary injunction/TRO 91 be denied; that Michael John Husten's motion to modify previous order of Judge Neville 91 be denied. (cc: all counsel) (28 pgs) (SEA) (Entered: 02/27/1997)

NOTICE OF SUBSTITUTION OF COUNSEL: terminating Jeffrey Toenges for defts and substituting attorney Walter Karl Hansen. (2 pages) (PJS) (Entered: 03/28/1997)

ORDER ( Judge James M. Rosenbaum / 4/8/97) [125-1] that (1) Husten's motion for a TRO and/or preliminary injunction is denied [91-1]; (2) Husten's motion to modify previous order of Judge Neville is denied [91-2]; (3) Ridsdale's motion for a TRO and/or prelimlinary injunction is denied; (4) Ridsdale's motion for order holding defendants in civil contempt is denied; and (5) Husten's for voluntary dismissal is denied [120-1]. (cc: all counsel) 2 pages (PJS) (Entered: 04/10/1997)

MOTION by plaintiffs for order for contempt (to Magistrate Judge Raymond L. Erickson) (1 pg) (DFL) Modified on 06/27/1997 (Entered: 06/27/1997)

MEMORANDUM by plaintiffs in support of motion for order for contempt [128-1] (7 pgs) (DFL) (Entered: 06/27/1997)

DECLARATION of G. Richard Kendall re motion for order for contempt [128-1] (6 pgs) (DFL) (Entered: 06/27/1997)

MOTION by Donald Butler for order of contempt (to Magistrate Judge Raymond L. Erickson) (18 pgs) (DFL) (Entered: 10/20/1997)

AMENDMENT to motion for order of contempt (to Magistrate Judge Raymond L. Erickson) [131-1] (1 pg) (DFL) (Entered: 10/22/1997)

ORDER ( Magistrate Judge Raymond L Erickson / 12/24/97), that the movants shall have until 1/9/98, in which to effectuate service of their Motions & supporting submissions upon counsel for the defts & to file w/the Clerk of Court the Certificate of Service; that the defts shall have until the later of 20 days after their receipt of the movants' submissions, or, until 1/29/98, in which to respond to the movants' motions; absent the movants' compliance with these directives, including the time limitation noted, the Court shall enter a Recommendation that their Motions be denied, for failure to abide by the terms of this Order, & for lack of prosecution. (cc: all counsel) (3 pgs) (SEA) (Entered: 12/24/1997)

LETTER to court from G. Richard Kendall re:status of case. 1pg (VEM) (Entered: 01/29/1998)

MEMORANDUM by defendants in opposition to motion for order for contempt. [128-1] 15pgs (VEM) (Entered: 02/02/1998)

Copy of AFFIDAVIT of Debra Nelson regarding motion for order for contempt. [128-1] 8pgs (VEM) Modified on 02/09/1998 (Entered: 02/02/1998)

Copy of AFFIDAVIT of Patrick O'Brien regarding motion for order for contempt. [128-1] 5pgs (VEM) Modified on 02/09/1998 (Entered: 02/02/1998)

MEMORANDUM OF LAW IN RESPONSE by G Richard Kendall to defts' memorandum in opposition. [128-1] 5pgs (VEM) (Entered: 02/09/1998)

SECOND DECLARATION of G. Richard Kendall re motion for order for contempt. [128-1] 3pgs (VEM) (Entered: 02/09/1998)

Original AFFIDAVIT of Patrick O'Brien regarding motion for order for contempt [128-1] (3pgs) ( (Entered: 02/09/1998)

Original AFFIDAVIT of Debra Nelson regarding motion for order for contempt [128-1] (3pgs) ( (Entered: 02/09/1998)

REPORT AND RECOMMENDATION (to Judge James M Rosenbaum ) (Magistrate Judge Raymond L. Erickson / 2/23/98) that Donald Butler's motion for order of contempt 131 be denied, for failure to comply with the Court's Orders & the FRCP, & for lack of prosecution; that G Richard Kendall's motion for order for contempt 128 be denied. (cc: all counsel) (16 pgs) (SEA) (Entered: 02/23/1998)

MOTION by Clark A Kruger for contempt of court order. ( to Magistrate Judge Raymond L. Erickson ) 7pgs (VEM) (Entered: 03/13/1998)

AFFIDAVIT of Clark A. Kruger regarding motion for contempt of court order. [143-1] 3pgs (VEM) (Entered: 03/13/1998)

LETTER to Chief Magistrate Judge Noel from Clark A Kruger re: motion for contempt. 2pgs (VEM) (Entered: 03/13/1998)

LETTER to W. Karl Hansen from Clark A Kruger re: motions & exhibits. 35pgs (VEM) (Entered: 03/13/1998)

MOTION by Clark A Kruger to dismiss with prejudice. ( to Judge James M. Rosenbaum ) 2pgs (VEM) (Entered: 03/23/1998)

ORDER ( Judge James M. Rosenbaum / 4/14/98) that G. Richard Kenall's motion to hold defts in civil contempt shall be and hereby is, denied. [128-1] that Donald Butler's motion to hold defts in civil contempt shall be, and hereby is, denied, for failure to comply with the Court's Orders and the Federal Rules of Civil Procedure and for lack of prosecution. [131-1] (cc: all counsel) 2pgs (VEM) (Entered: 04/23/1998)

MOTION by Jose A Rivera in support of memoranda of civil action and determination and protection of class & order of conduct. ( to Magistrate Judge Raymond L. Erickson ) 3pgs (VEM) (Entered: 05/12/1998)

MEMORANDUM by Jose A Rivera in support of motion in support of memoranda of civil action and determination and protection of class & order of conduct. [149-1] 8pgs (VEM) (Entered: 05/12/1998)

STATEMENT OF FACT as to Jose A Rivera. 6pgs (VEM) (Entered: 05/12/1998)

ADDITIONAL SUPPLEMENT memorandum stating relief sought, and questions prosc. supportive of facts; argument and conclusion. [149-1] 7pgs (VEM) (Entered: 05/12/1998)

MOTION by Jose A Rivera for clarification and proper certificate for ailing action. ( to Magistrate Judge Raymond L. Erickson ) 5pgs (VEM) (Entered: 05/12/1998)

MOTION by Daniel Hendrickson for contempt of court orders & for order prohibiting further discipline prosecution. ( to Magistrate Judge Raymond L. Erickson ) 8pgs (VEM) (Entered: 05/20/1998)

AFFIDAVIT of Daniel Hendrickson regarding motion for contempt of court orders & for order prohibiting further discipline prosecution. [154-1] 7pgs (VEM) (Entered: 05/20/1998)

MOTION by Joseph L Bruyette for contempt of court charges upon defts successors in office. ( to Magistrate Judge Raymond L. Erickson ) 5pgs (VEM) (Entered: 06/09/1998)

AFFIDAVIT of Joseph L. Bruyette regarding motion for contempt of court charges upon defts successors in office. [156-1] 6pgs (VEM) (Entered: 06/09/1998)

ORDER ( Magistrate Judge Raymond L. Erickson / 6/15/98) that movants Jose A Rivera, Daniel Hendrickson & Joseph L Bruyette shall have until 6/29/98 in which to effectuate service of their motions, supporting submissions, upon counsel for defts, & to file with the Clerk of Court the Certificates of Service; that defts shall have until the later of 20 days after their full receipt of the movants' submissions, or until 7/20/98, in which to respond to movants' motions; abesent the movants' compliance with these directives, the Court shall enter a Recommendation that their motions be denied, for failure to abide by the terms of this Order & for lack of prosecution; granting motion to dismiss with prejudice 147 as to Clark A Kruger; terminating party Clark A Kruger ; striking motion for contempt of court order 143 as to Clark A Kruger (cc: all counsel) (3 pgs) (SEA) (Entered: 06/16/1998)

MOTION by movant Clark A Kruger for contempt of Court and order for compensatory damages against the defts, their agents and the successors in office (to Magistrate Judge Raymond L. Erickson) (12pgs) ( (Entered: 06/23/1998)

AFFIDAVIT of Clark Kruger regarding motion for contempt of Court and order for compensatory damages against the defts, their agents and the successors in office [159-1] (11pgs) ( (Entered: 06/23/1998)

LETTER to court from movant Daniel Hendrickson with attached letter and affidavit of service of notice of motion for contempt (6pgs) ( (Entered: 06/30/1998)

OBJECTIONS by movant Jose A Rivera to order [158-2] (8pgs) ( (Entered: 06/30/1998)

LETTER to court from movant Joseph L Bruyette with copy of Affidavit of Service and "Mail Office - special postage charge" (3pgs) ( (Entered: 07/01/1998)

LETTER to court from Stephanie Erickson of Legal Advocacy Project on behalf of movant Joseph L Bruyette forwarding copy of Affidavit of Service and "Mail Office - Sepcial Postage Charge" (3pgs) ( (Entered: 07/01/1998)

LETTER to court from movant Joseph L Bruyette re satisfying requirements of Order dated 6/15/98 (2pgs) ( (Entered: 07/01/1998)

MOTION by movant Clark A Kruger for appointment of counsel( to Magistrate Judge Raymond L. Erickson ), and for contempt of court ( to Magistrate Judge Raymond L. Erickson ) (3 pgs) (SEA) (Entered: 07/07/1998)

MOTION by movant Gale A Rachuy for contempt of Court ( to Magistrate Judge Raymond L. Erickson ) (2 pgs) (SEA) (Entered: 07/16/1998)

AFFIDAVIT of Gale A Rachuy w/atch exhibits regarding motion for contempt of Court ( to Magistrate Judge Raymond L. Erickson ) [167-1] (7 pgs) (SEA) (Entered: 07/16/1998)

MEMORANDUM by defendant in opposition to motion for contempt of court orders & for order prohibiting further discipline prosecution [154-1]; to motion for contempt of court charges upon defts successors in office [156-1]; to motion for contempt of Court and order for compensatory damages against the defts, their agents and the successors in office [159-1] (14pgs) ( (Entered: 07/21/1998)

AFFIDAVIT of Debra Nelson regarding memorandum [169-1] (33pgs) ( (Entered: 07/21/1998)

MOTION by movant Jose A Rivera to deny defts motion (to Magistrate Judge Raymond L. Erickson) (7pgs) ( (Entered: 07/24/1998)

AFFIDAVIT of Jose A. Rivera regarding motion to deny defts motion [171-1] (1pg) ( (Entered: 07/24/1998)

RESPONSE by movant Daniel Hendrickson to memorandum [169-1] (6pgs) ( (Entered: 07/28/1998)

LETTER from defendants re: motion to terminate consent decree. 1pg (VEM) (Entered: 08/24/1998)

MOTION by defendant to terminate consent decree. ( to Magistrate Judge Raymond L. Erickson ) 2 pg(s) (VEM) (Entered: 10/05/1998)

MEMORANDUM by defendant in support of motion to terminate consent decree. [175-1] 14 pg(s) (VEM) Modified on 10/05/1998 (Entered: 10/05/1998)

AFFIDAVIT of Erick Skon regarding motion to terminate consent decree. [175-1] 34 pg(s) (VEM) (Entered: 10/05/1998)

MEMORANDUM by plaintiff in opposition to motion to terminate consent decree. [175-1] 23 pg(s) (VEM) (Entered: 10/05/1998)

APPENDIX filed by plaintiff re motion to terminate consent decree. [175-1] 22 pg(s) (VEM) (Entered: 10/05/1998)

REPLY by defendant to motion to terminate consent decree. [175-1]10 pg(s) (VEM) (Entered: 10/05/1998)

MOTION by Gale A Rachuy to enjoin decree to MCF-WR/ML.( to Magistrate Judge Raymond L. Erickson ) 1 pg(s) (VEM) (Entered: 10/20/1998)

AFFIDAVIT of Gale A. Rachuy regarding motion to enjoin decree to MCF-WR/ML. [181-1] 2 pg(s) (VEM) (Entered: 10/20/1998)

MOTION by Gale A Rachuy to enjoin decree to MCF-Faribault. ( to Magistrate Judge Raymond L. Erickson ) 1 pg(s) (VEM) (Entered: 10/20/1998)

AFFIDAVIT of Gale A. Rachuy regarding motion to enjoin decree to MCF-Faribault. [183-1] 2 pg(s) (VEM) (Entered: 10/20/1998)

LETTER to court from movant Daniel Hendrickson re motion [154-1] 4pg(s) ( (Entered: 12/01/1998)

MOTION by Preston T Ridsdale to find defts successors in contempt of the courts order and consent decree. ( to Magistrate Judge Raymond L. Erickson ) 6+ pg(s) (VEM) (Entered: 12/10/1998)