Case: Rentschler v. Schriro

Rentschler v. Carnahan

Rentschler v. Carnahan

Rentschler v. Mercier

U.S. Court of Appeals for the Eighth Circuit

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to proceed in forma pauperis (FCE) (Entered: 03/07/1994)

Letters to pltffs re: case filed. Case forwarded to pro se unit (FCE) (Entered: 03/07/1994)

ORDER by Honorable George F. Gunn Jr. granting motion to proceed in forma pauperis [1-1] FURTHER ORDERED that process shall issue. FURTHER ORDERED that defts are granted leave to depose pltff where he is incarcerated. (cc: all counsel) (FCE) (Entered: 03/30/1994)

COMPLAINT; # Counts: 1; jury demand (FCE) (Entered: 03/30/1994)

MOTION by plaintiff Charles Rentschler for preliminary injunction w/ brief in support and proposed order (FCE) (Entered: 03/30/1994)

LETTER from the clerk to Bruce Farmer re: waiver of service. (FCE) (Entered: 03/30/1994)

ATTORNEY APPEARANCE for defendant Mel Carnahan, defendant Dora B. Schriro by Joseph S. Lawder, Susan D. Boresi (FCE) (Entered: 04/26/1994)

ANSWER by defendant Mel Carnahan, defendant Dora B. Schriro to [3- 1]; jury demand (FCE) (Entered: 04/26/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for appointment of counsel (FCE) (Entered: 05/03/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for order that preliminary injunction be granted (FCE) (Entered: 05/06/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to motion for preliminary injunction [4-1] (FCE) (Entered: 05/09/1994)

ORDER OF COURT RELATING TO TRIAL by Honorable George F. Gunn Jr. ; Jury trial 11/7/94 (cc: all counsel) (FCE) (Entered: 05/16/1994)

TRAVERSE by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to [10-1] (FCE) (Entered: 05/17/1994)

LETTER from plaintiffs' re: location of hearing on preliminary injunction. (LGK) (Entered: 05/19/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to [13-1] (FCE) (Entered: 05/23/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for temporary restraining order (FCE) (Entered: 05/31/1994)

REQUEST by plaintiff Charles Rentschler for 12 subpoenas (FCE) (Entered: 06/01/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. denying request [16-1] (cc: all counsel) (FCE) (Entered: 06/01/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to motion for temporary restraining order [15-1] (FCE) (Entered: 06/01/1994)

LETTER from USCA assigning petition for writ of mandamus #94- 8065EMSL. Request clerk forward a certified copy of docket entries. Certified copy forwarded 6/6/94. (FCE) (Entered: 06/06/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to extend TRO (FCE) (Entered: 06/06/1994)

TRAVERSE by plaintiff Charles Rentschler to [17-1] (FCE) (Entered: 06/07/1994)

MOTION by defendant Mel Carnahan, defendant Dora B. Schriro to extend time until June 27, 1994 to answer, object, or otherwise respond to pltfs' discovery requests (LGK) (Entered: 06/09/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion to extend time until June 27, 1994 to answer, object, or otherwise respond to pltfs' discovery requests [21-1] (cc: all counsel) (LGK) (Entered: 06/09/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for order to cease installing double bunks at Potosi Prison (FCE) (Entered: 06/10/1994)

RESPONSE by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to [0-1], to [21-1] to defts.' request for enlargement of time to respond to discovery. (FCE) (Entered: 06/15/1994)

REPLY by defendant Mel Carnahan, defendant Dora B. Schriro to response to motion to extend TRO [19-1] (FCE) (Entered: 06/21/1994)

ORDER FROM USCA copy filed USCA number: 94-8065EMSL. Petition for writ of mandamus is denied. (FCE) (Entered: 06/28/1994)

REQUEST by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for Court to explain its refusal to rule on outstanding motions. (FCE) (Entered: 06/29/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for joinder of necessary parties , and to amend complaint (FCE) (Entered: 07/05/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to compel discovery , and for sanctions (FCE) (Entered: 07/05/1994)

MOTION (amended) by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for appointment of counsel (FCE) (Entered: 07/05/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for order to deem request admitted because of failure to answer timely (FCE) (Entered: 07/05/1994)

MOTION by movant Danny Madison to intervene as a plaintiff (FCE) (Entered: 07/07/1994)

MOTION by movant Dennis K. Dittman to intervene as a plaintiff (FCE) (Entered: 07/07/1994)

MOTION by movant Thomas Lawrence to intervene as a plaintiff (FCE) (Entered: 07/07/1994)

MOTION by movant Kenneth W. Heistand to intervene as a plaintiff (FCE) (Entered: 07/07/1994)

MOTION by movant Patrick M. Cullen to intervene as a plaintiff (FCE) (Entered: 07/07/1994)

MOTION by movant Daniel Salkil to intervene (FCE) (Entered: 07/11/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to motion for joinder of necessary parties [27-1], and to motion to amend complaint [27-2] (FCE) (Entered: 07/11/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to motion to compel discovery [28-1] (FCE) (Entered: 07/11/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to amended motion for appointment of counsel [29-1] (FCE) (Entered: 07/11/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to motion for order to deem request admitted because of failure to answer timely [30-1] (FCE) Modified on 07/13/1994 (Entered: 07/11/1994)

SECOND MOTION by plaintiffs to compel discovery (FCE) (Entered: 07/18/1994)

SECOND MOTION by plaintiffs for preliminary injunction , and for evidentiary hearing w/ affidavit, brief & exhibits a thru c in support. (FCE) (Entered: 07/18/1994)

RESPONSE by defendants to motion to intervene [36-1], to motion to intervene as a plaintiff [35-1], to motion to intervene as a plaintiff [34-1], to motion to intervene as a plaintiff [33-1], to motion to intervene as a plaintiff [32-1], to motion to intervene as a plaintiff [31-1] (FCE) Modified on 07/13/1994 (Entered: 07/13/1994)

RESPONSE by defendants to 2nd mtn for prelim inj [42-1], to 2nd mtn for evid hrg [42-2] w/ exhibit A. (FCE) Modified on 07/18/1994 (Entered: 07/18/1994)

REPLY by plaintiffs to response to 2nd mtn for prelim inj [42-1], 2nd mtn for evid hrg [42-2] (FCE) Modified on 07/18/1994 (Entered: 07/18/1994)

MOTION by movant Rory D. Nitcher, movant Joseph N. Beck Jr., movant John Methfessel, movant Franz Williams, movant Timothy Johnson to intervene as plaintiff(s) (FCE) (Entered: 07/18/1994)

REPLY by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to response to 2nd mtn for appointment of counsel [29-1] (FCE) (Entered: 07/18/1994)

REPLY by plaintiff to response to motion for order to deem request admitted because of failure to answer timely [30-1] (FCE) (Entered: 07/18/1994)

MOTION by movant Glenn Robinson, movant John Patrick Thiel, movant David C. Tate, movant Mark A Brown to intervene as plaintiff(s) (FCE) (Entered: 07/18/1994)

RESPONSE by defendants to 2nd mtn to compel discovery [41-1] (FCE) (Entered: 07/18/1994)

MOTION by plaintiffs to clarify dfts' position on intervenors (FCE) (Entered: 07/20/1994)

MOTION by movant Bernard E Bailey to intervene as plaintiff (FCE) (Entered: 07/20/1994)

MOTION by movant Marcus Adkins to intervene as plaintiff (FCE) (Entered: 07/20/1994)

REPLY by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to response to motion to compel discovery [41- 1] (FCE) (Entered: 07/21/1994)

MOTION by movant Randy D Wilhite to intervene as plaintiff. (FCE) (Entered: 07/26/1994)

MOTION by movant Warren P Beghtel to intervene as plaintiff. (FCE) (Entered: 07/26/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to motion to intervene as plaintiff. [56-1], to motion to intervene as plaintiff. [55-1] (FCE) (Entered: 08/03/1994)

MOTION by movant Lawrence J Merola to intervene as pltf (FCE) (Entered: 08/11/1994)

RESPONSE by defendant Mel Carnahan, defendant Dora B. Schriro to Lawrence J. Merola's mtn to intervene [58-1] (FCE) (Entered: 08/16/1994)

MOTION by counsel for plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall (Marilyn Teitelbaum) to withdraw attorney (FCE) (Entered: 08/22/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion to withdraw attorney [61-1] attorney Marilyn S. Teitelbaum for Burdell McCall, attorney Marilyn S. Teitelbaum for Arthur St. Peter, attorney Marilyn S. Teitelbaum for Charles Rentschler. Court notes that counsel refused to accept appointment. (cc: all counsel) (FCE) (Entered: 08/22/1994)

ORDER by Honorable George F. Gunn Jr. adding attorney Joseph P. Murray as apptd. counsel , ; Resp to court ddl 9/26/94 as to class certification Ordered that apptd. counsel is given an opportunity to amend complaint. (cc: all counsel) (FCE) (Entered: 08/24/1994)

MOTION by plaintiff's atty Joseph P. Murray to withdraw as attorney (FCE) (Entered: 09/15/1994)

ORDER by Honorable George F. Gunn Jr. granting motion to withdraw as attorney [63-1] attorney Joseph P. Murray for Burdell McCall, Arthur St. Peter, and Charles Rentschler (cc: all counsel) (FCE) (Entered: 09/15/1994)

ORDER by Honorable George F. Gunn Jr. adding attorney Patricia S. Williams for pltfs. IT IS FURTHER ORDERED that appointed counsel is given an opportunity to amend pltfs' complaint to include a request for class certification. IT IS FURTHER ORDERED that if pltfs desire that the case proceed as a class action, then on or before 10/17/94, pltfs' appointed counsel shall file a mtn to determine whether the action is to be maintained as a class action (see order for specfics). IT IS FURTHER ORDERED that upon request of pltfs' newly appointed counsel, the Clerk of the Court shall make available a copy of such portions ot fhe court file as counsel desires. (cc: all counsel) (FCE) (Entered: 09/16/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall to disqualify , and to recuse George F. Gunn (FCE) (Entered: 09/23/1994)

SCHEDULING ORDER Honorable George F. Gunn Jr. ; jury trial reset for 2/6/95 @ 9:00 am. (cc: all counsel) (FCE) (Entered: 09/26/1994)

OFFER of judgment filed by defendant Mel Carnahan, defendant Dora B. Schriro, acceptance deadline: 10 days. (FCE) (Entered: 10/05/1994)

ORDER by Honorable George F. Gunn Jr. dismissing the motion to disqualify [66-1] w/o prejudice, dismissing the motion to recuse George F. Gunn [66-2] w/o prejudice (cc: all counsel) (FCE) (Entered: 10/11/1994)

MOTION by plaintiff Charles Rentschler, plaintiff Arthur St. Peter, plaintiff Burdell McCall for leave to file mtn to consolidate preliminary & permanent injunction (FCE) (Entered: 10/17/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion for leave to file mtn to consolidate preliminary & permanent injunction [70-1] (cc: all counsel) (FCE) (Entered: 10/17/1994)

MOTION by plaintiffs for order to consolidate preliminary and permanent injunction hearings (FCE) (Entered: 10/17/1994)

MOTION by plaintiff to extend time to file amended complaint until 10/19/94 (FCE) (Entered: 10/17/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion to extend time to file amended complaint until 10/19/94 [71-1] (cc: all counsel) (FCE) (Entered: 10/17/1994)

MOTION by defendants for leave to file memorandum in support of hearing on preliminary injunctive relief (FCE) (Entered: 10/17/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion for leave to file memorandum in support of hearing preliminary injunctive relief [72-1] (cc: all counsel) (FCE) (Entered: 10/17/1994)

MEMORANDUM by defendants re: motion response [10-1] (FCE) (Entered: 10/17/1994)

SCHEDULING ORDER Honorable George F. Gunn Jr.; Objection to scheduling order ddl set 10/25/94; Discovery request ddl 10/21/94 ; Discovery completion ddl 11/23/94; all counsel) (FCE) (Entered: 10/17/1994)

MOTION by plaintiffs to extend time to file an amended complaint , and to vacate joint discovery order and require parties to submit a revised order on or before 11/14/94 (FCE) (Entered: 10/20/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion to extend time to file an amended complaint [74-1], granting motion to vacate joint discovery order and parties to submit a revised order on or before 11/14/94 [74-2] (cc: all counsel) (FCE) (Entered: 10/20/1994)

MOTION by defendant Mel Carnahan, defendant Dora B. Schriro to continue 2/6/95 trial date (FCE) (Entered: 10/24/1994)

ORDER by Honorable George F. Gunn Jr. granting motion to continue 2/6/95 trial date [75-1] ; Jury trial reset for 4/3/95 at 9:00 am. (cc: all counsel) (FCE) (Entered: 10/24/1994)

MOTION by plaintiffs to certify case as class action w/ memorandum in support. (FCE) (Entered: 11/03/1994)

AMENDED COMPLAINT by plaintiff # Counts: 1 [3-1] terminating defendant Mel Carnahan; adding Paul K. Delo, Robert L. Simpson, Bob Hixon, Dean Adams; jury demand (FCE) (Entered: 11/15/1994)

MOTION by defendants to extend time to respond to pltf's 1st amended complaint and mtn for class certification until 11/29/94 (FCE) (Entered: 11/18/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion to extend time to respond to pltf's 1st amended complaint and mtn for class certification until 11/29/94 [79-1] (cc: all counsel) (FCE) (Entered: 11/18/1994)

MOTION by plaintiff to withdraw motion for class action , and to extend time until 12/5/94 to file 2nd amended complaint and amended mtn for class cert. (FCE) (Entered: 11/30/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion to withdraw motion for class action [80-1], granting motion to extend time until 12/5/94 to file 2nd amended complaint and amended mtn for class cert. [80-2] (cc: all counsel) (FCE) (Entered: 11/30/1994)

2ND AMENDED COMPLAINT fld by plaintiffs [3-1] (FCE) (Entered: 12/07/1994)

ORDER by Honorable George F. Gunn Jr. dismissing w/o prejudice the motion to clarify dfts' position on intervenors [51-1], dismissing w/o prejudice the motion for preliminary injunction [42-1], dismissing w/o prejudice the motion for evidentiary hearing [42-2], dismissing w/o prejudice the motion for order to cease installing double bunks at Potosi Prison [22-1], dismissing w/o prejudice the motion to extend TRO [19-1], dismissing w/o prejudice the motion for temporary restraining order [15- 1], dismissing w/o prejudice the motion for order that preliminary injunction be granted [9-1], dismissing motion for preliminary injunction [4-1] w/o prejudice, IT IS FURTHER ORDERED that pltfs' mtn to compel is denied. (cc: all counsel) (FCE) (Entered: 12/07/1994)

AMENDED MOTION by plaintiffs to certify class action w/ memorandum in support. (FCE) Modified on 12/08/1994 (Entered: 12/08/1994)

GENERIC SCHEDULING EVENT ; Objection to scheduling order ddl (FCE) (Entered: 12/16/1994)

MOTION by defendants to depose two inmates at one time , and for order prohibiting inmates from speaking to each other regarding their deposition testimony (FCE) Modified on 12/22/1994 (Entered: 12/22/1994)

PROTECTIVE ORDER by Honorable George F. Gunn Jr. IT IS HEREBY ORDERED that deposition material deemed confidential shall not be disclosed (see order for rest of terms). (cc: all counsel) (FCE) (Entered: 12/22/1994)

JOINT MOTION by plaintiffs, defendants, for order re: discovery schedule (FCE) (Entered: 12/22/1994)

RULED DOCUMENT by Honorable George F. Gunn Jr. granting motion for order re: discovery schedule [86-1] (cc: all counsel) (FCE) (Entered: 12/22/1994)

ORDER by Honorable George F. Gunn Jr. granting motion to depose two inmates at one time [84-1] in that defendants may depose the six named plaitiffs consecutively, granting motion for order prohibiting inmates from speaking to each other regarding their deposition testimony [84-2] while their depositions are being taken (cc: all counsel) (FCE) (Entered: 12/22/1994)