U. S. Court of Appeals for the Eighth Circuit

Cooper v. White

Supreme Court of the United States

ORDER for notice to class of settlement (JKR)-w/Consent Decree filed by all parties and Judge Regan. Ordered that the defendants shall continuously between November 28, 1983 and December 9, post copies of this Order and the attached proposed Consent Decree at the Missouri Training Center for Men in all housing unit rotundas in the dining room, in the library, and in any other place necessary to afford all inmates an opportunity to read this Order and proposed Consent Decree. The defendants shall provide a separate copy of this Order and proposed Decree to each inmate who, for whatever reason, is unable to receive notice of the proposed Decree at the aforesaid places. Further Ordered that not later than December 19, 1983 any member of the aforesaid class may comment in writing on the proposed Consent Decree by filing by mail said written comments with the Clerk of this Court at the following address. Any such comment shall reference the Civil cause number of this action and shall be clear and concise (cc: all counsel) (FCE) (Entered: 10/31/1995)

CONSENT DECREE filed by all parties and Judge John K. Regan (cc: all counsel) (FCE) (Entered: 10/31/1995)

ORDER (JKR) filed; Ordered that the Consent Decree previously filed of record be and it is approved terminating case (cc: all counsel) (FCE) (Entered: 10/31/1995)

MOTION by defendant Carl White to withdraw attorney Deborah Neff SO ORDERED-DDNi; David Johnston has undertaken representation of the defts. (FCE) (Entered: 11/01/1995)

RULED DOCUMENT by Mag Judge David D. Noce granting motion to withdraw attorney Deborah Neff [4-1] David Johnston has undertaken representation of the defts. (cc: all counsel) (FCE) Modified on 11/01/1995 (Entered: 11/01/1995)

ORDER by Mag Judge David D. Noce the motion of defts. to sever Cause No. N81-19-C from Cause No. N89-18C is sustained (cc: all counsel) (FCE) (Entered: 11/01/1995)

MOTION by movant Brian Bruce Bey to intervene -LEAVE TO FILE GRANTED-DDN cc:parties (FCE) (Entered: 11/01/1995)

MOTION by defendants' to examine documents under seal (FCE) (Entered: 11/01/1995)

RESPONSE by defendants' to movant Bey's motion to intervene [6-1] (FCE) (Entered: 11/01/1995)

MINUTES: before Mag Judge David D. Noce; parties present for status hearing. Plaintiff's to file response to court re: inmate letters. Response due 30 days thereafter. Judge and attys to hold telephone conference at a later date audio reporter: Laura Dreon (FCE) (Entered: 11/01/1995)

MOTION by pro se plaintiffs' Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer for temporary restraining order , for preliminary injunction (FCE) (Entered: 05/21/1996)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer for leave to file plaintiff's opposition to defts' motion for emergency modification (FCE) (Entered: 05/21/1996)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to intervene (FCE) (Entered: 05/21/1996)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to amend , to alter judgment [2-1] (FCE) (Entered: 05/21/1996)

AMENDED MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to amend , to alter judgment [2-1] (FCE) (Entered: 05/21/1996)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer for leave to supplement plaintiffs' Rule 59(e) motions (FCE) (Entered: 05/21/1996)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer to vacate order modifying consent decree (FCE) (Entered: 05/21/1996)

MINUTES: before Mag Judge David D. Noce court reporter: David Braun. Hearing to modify consent judgment. Testimony given. Court orders that the compliance report be submitted to Court on or about the 1st of the month, instead of bi-weekly. Parties shall file memoranda on the issue within 30 days. Parties to file responses within 10 days. (FCE) (Entered: 02/01/1996)

STATUS REPORT (Fourth Compliance Report - 12/14/95 through 1/4/96) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (FCE) (Entered: 02/01/1996)

LETTER (USCA) re: petition for writ of mandamus; Your case will be referred to a panel of judges for review. We will promptly advise you of the court's ruling in that regard. By copy of this letter, the district court clerk is requested to forward to this office a certified copy of the docket entries and order filed 10/20/95 in case number [2:81-CV-019]. (FCE) (Entered: 02/08/1996)

APPLICATION (copy) FOR WRIT OF MANDAMUS/PROHIBITION by plaintiff -- Judge's copy to be added to file. (FCE) (Entered: 02/09/1996)

ORDER by Mag Judge David D. Noce IT IS HEREBY ORDERED that the Clerk of the Court is directed to prepare a transcript of the hearing on the motion for a permanent modification of the consent decree held on January 25, 1996, in Moberly, Missouri. (cc: all counsel & Court Recorder) (FCE) (Entered: 02/14/1996)

POST HEARING BRIEF submitted by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer (FCE) (Entered: 05/21/1996)

RESPONSE to court by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black [10-1] titled Post-Hearing Memorandum in Support of Defts' Motion for Modification to Consent Decree (FCE) (Entered: 03/04/1996)

POST HEARING BRIEF submitted by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (FCE) (Entered: 05/21/1996)

SUPPLEMENTAL affidavit of Ralf Salke by all defendants re response [15-1] to be added as exhibit B. (FCE) (Entered: 03/08/1996)

LETTER from United States Court of Appeals to District Clerk's Office RE: certified copies of docket sheets and Order dated 10/20/95-COPIES FORWARDED ON 3/15/96 (FCE) (Entered: 03/15/1996)

RESPONSE to court by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black fifth compliance report from January 4, 1996 thru 2/27/96 (FCE) (Entered: 05/22/1996)

TRANSCRIPT filed from Hearing on the motion for permanent modification held on 1/25/96 at the Moberly Correctional Center; audio reporter: dbraun (DLB) (Entered: 03/25/1996)

ORDER FROM USCA copy filed denying application for writ of mandamus [13-1] USCA number: 96-8015EMSL (FCE) (Entered: 04/08/1996)

FINANCIAL ENTRY re [14-1], re [18-1] Voucher No. 4460603554, paid $1,035.00 to Carter Transcription Services (FCE) (Entered: 04/08/1996)

ORDER by Mag Judge David D. Noce; the motion of inmate Brian Bruce for leave to intervene in this action is denied without prejudice. Further Ordered that the motion of inmates Jack Babcock, Larry Schaal, Kenneth Charron, Gerald Bereuter and William Cooper for the appointment of class representatives is denied without prejudice. Further that the motion of defts for leave to examine documents filed under seal is denied as moot. Further that the motion of inmates Jack Babcock, Larry Schaal, Kenneth Charron, Gerald Bereuter, and William Cooper for leave to file objections to the motion for modification is denied as moot. SEE ORDER FOR PARTICULARS (cc: all counsel) (FCE) (Entered: 05/22/1996)

REQUEST by witness Michael D. Moll for certified copy of transcript of his testimony on 1/25/96 in this case. Witness further requests that the court wave the "fifty cents per page copying charge". (FCE) Modified on 04/24/1996 (Entered: 04/17/1996)

RULED DOCUMENT by Mag Judge David D. Noce granting request for copy of witness testimony free of charge [21-1] (Judge Noce "OK'd" request on separate piece of paper that is attached to request, Certified copy of transcript pps 1, 314-335 of 1/25/96 hearing forwarded to pltf). (cc: all counsel) (FCE) (Entered: 04/24/1996)

RESPONSE to court by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black sixth compliance report for February 27, 1996 through March 27, 1996 with exhibits in support attached (FCE) (Entered: 05/22/1996)

RESPONSE to court titled (Deft's seventh compliance report for March 27, 1996 through April 27, 1996) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (FCE) (Entered: 05/20/1996)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer, plaintiff James King to withdraw attorney , for appointment of substitute counsel (FCE) (Entered: 06/10/1996)

STATUS REPORT EIGHTH COMPLIANCE REPORT FOR APRIL 27, 1996 THROUGH MAY 28, 1996 by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy (FCE) (Entered: 06/19/1996)

ORDER by Mag Judge David D. Noce granting motion to withdraw attorney [24-1] attorney Michael A. Ferry for King, attorney Michael A. Ferry for Ronald L. Boyer, attorney Michael A. Ferry for Robert Smith, attorney A. Ferry for James Bridgewater, attorney Michael A. Ferry for William Leonard, attorney Michael A. Ferry for Terry Walls, attorney Michael A. Ferry for Donald Yates, attorney Michael A. Ferry for Jack Babcock, attorney Michael A. Ferry for Michael Parton, granting motion for appointment of substitute counsel [24-2] IT IS FURTHER ORDERED that Kenneth M. Chackes is appointed to represent pltfs in this action. (cc: all counsel) (FCE) (Entered: 07/22/1996)

9TH STATUS REPORT by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy covering 5/28/96 through 6/28/96. (FCE) (Entered: 07/26/1996)

STATUS REPORT by all defendants covering 6/27/96 through 7/30/96 w/ attached affidavit of Michael R. Wright. (FCE) Modified on 08/21/1996 (Entered: 08/21/1996)

NOTICE by defendants' of emergency transport of inmates resulting in transcendence of population cap at MCC. (LGK) (Entered: 08/28/1996)

STATUS REPORT with attachments (placed in expansion folder) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (LSD) (Entered: 09/25/1996)

NOTICE of Emergency transport of inmates resulting in transcendence of population cap at MCC by defendants (LSD) (Entered: 09/26/1996)

LETTER from inmate Billy Mudd (FCE) (Entered: 09/26/1996)

ORDER by Mag Judge David D. Noce finding the motion to vacate order modifying consent decree [0-1] moot., finding the motion for leave to supplement plaintiffs' Rule 59(e) motions [0-1] moot., finding the motion to amend [0-1] moot., finding the motion to alter judgment [2-1] [0-2] moot., finding the motion to amend [0-1] moot., finding the motion to alter judgment [2-1] [0-2] moot., finding the motion to intervene [0-1] moot., finding the motion for leave to file plaintiff's opposition to defts' motion for emergency modification [0-1] moot., finding the motion for temporary restraining order [0-1] moot., finding the motion for preliminary injunction [0-2] moot. IT IS HEREBY ORDERED that the motion of the defendants for a permanent modification of the consent decree entered in this action is sustained. The MO Department of Corrections is hereby authorized to increase the inmate population at the Moberly Correctional Center to no greater number than 1,800, subject to the requirement that the Missouri Department of Corrections continue to make its written reports, as previously ordered, on a quarterly basis (every 3 months, beginning in January 1997), until December 31, 1997. Unless otherwise ordered by the court, the reporting condition shall cease. (cc: all counsel) (FCE) (Entered: 10/16/1996)

MEMORANDUM re: order [33-1] (FCE) (Entered: 10/16/1996)

DEFENDANTS' TWELFTH COMPLIANCE REPORT FOR 8/28/96 THROUGH 9/30/96 (FILED IN EXPANSION FOLDER) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy w/ Affidavit of Michael R. Wright in Support marked Exhibit 1. (ARL) (Entered: 10/28/1996)

MOTION by plaintiff for new trial , or to alter or amend judgment [2-1] w/ memo in support (ARL) (Entered: 10/28/1996)

RESPONSE (INITIAL REPLY) by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy to motion for new trial [36-1], to motion to alter or amend judgment [2-1] [36-2] w/ Proposed Order attached. (ARL) (Entered: 11/07/1996)

ORDER by Mag Judge David D. Noce - pltff's mtn. for new trial is held in abeyance for 60 days from the date of this order with the parties directed to submit further information to the Court at the end of said period. taking under advisement on 1/8/97 the motion for new trial [36- 1], taking under advisement on the motion to alter or amend judgment [2- 1] [36-2] (cc: all counsel) (LAH) (Entered: 11/13/1996)

RESPONSE to court (Thirteenth Compliance Report For Sept. 30, 1996 through Oct. 28, 1996) fld. by defendant [38-1] (LAH) (Entered: 11/21/1996)

AFFIDAVIT of Ralph Weatherwax fld. (LAH) (Entered: 11/25/1996)

STATUS REPORT for Oct. 28, 1996 through Nov. 27, 1996 by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy Black (ARL) (Entered: 12/16/1996)

NOTICE OF EMERGENCY TRANSPORT OF INMATES RESULTING IN TRANSDENCE OF POPULATION CAP AT MCC by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell w/ Affidavit of George Lombardi in Support as Exhibit A. (ARL) (Entered: 12/24/1996)

REQUEST by plaintiffs for an investigation into the illegal medical matters taking place at the Moberly Correctional Center w/attached affidavit of G.W. Bereuter. (LAH) (Entered: 12/30/1996)

MOTION by plaintiffs and defendants to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. (LAH) (Entered: 01/10/1997)

ORDER by Mag Judge David D. Noce granting motion to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. [44-1] (cc: all counsel) (LAH) (Entered: 01/15/1997)

STATUS REPORT/COMPLIANCE REPORT for Nov. 27, 1996 through Dec. 30, 1996 fld. by defendants. (LAH) (Entered: 01/23/1997)

MOTION by plaintiffs and defendants to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. (LAH) (Entered: 02/12/1997)

ORDER by Mag Judge David D. Noce granting motion to extend time by an additional 30 days in which to hold in abeyance pltffs' mtn. for new trial. [47-1] (cc: all counsel) (LAH) (Entered: 02/19/1997)

MOTION by plaintiffs for order to obtain a copy of hearing transcript (LAH) (Entered: 03/04/1997)

RULED DOCUMENT by Mag Judge David D. Noce granting motion for order to obtain a copy of hearing transcript [49-1]; SUSTAINED, THE CLERK SHALL PROVIDE PLTF'S CAOUNSEL WITH A COPY OF THE TRANSCRIPT, DDN 3/5/97. (cc: all counsel) (BDC) (Entered: 03/06/1997)

MOTION by plaintiffs' to file memo one day late with attached memo in support of their mtn for new trial or to alter or amend jgm; stipulation; exhibits 1-5,(no 6 or 7), 8-23 (KKS) (Entered: 03/21/1997)

MEMORANDUM in support by plaintiffs re: motion for new trial [36-1], re: motion to alter or amend judgment [2-1] [36-2] (KKS) (Entered: 03/21/1997)

JOINT STIPULATION of facts re [36-1], re [36-2] (defts' atty signature on faxed page) with attached exh 1-5, no 6 or 7, 8-23 (KKS) (Entered: 03/21/1997)

RULED DOCUMENT by Mag Judge David D. Noce granting plaintiffs' motion to file memo one day late [50-1] (cc: all counsel) (KKS) (Entered: 03/21/1997)

ORDER by Mag Judge David D. Noce IT IS HEREBY ORDERED that defts may have 30 days from the date of this order in which to file a response to ptlffs' pending motion for a new trial and supplemental memorandum. Pltffs' may have 15 days after receipt of defts' response in which to file a reply. Resp to court ddl 4/21/97 (cc: all counsel) (LAH) (Entered: 03/24/1997)

AFFIDAVIT of James Gilmore fld. (LAH) (Entered: 03/31/1997)

REPLY by defendant to response to motion for new trial [36-1], motion to alter or amend judgment [2-1] [36-2] (BDC) (Entered: 04/22/1997)

STATUS/COMPLIANCE REPORT for Dec. 30, 1996 through March 31, 1997 fld. by defendants. (LAH) (Entered: 05/01/1997)

MOTION by plaintiffs for leave to file reply memorandum out of time (LAH) (Entered: 05/15/1997)

NOTICE/MEMROANDUM TO CLERK by defendant with atatched Affidavit in opposition to pltf's Motion for New Trial or to Alter or Amend Judgment. (BDC) (Entered: 05/15/1997)

REPLY by plaintiff to response to motion for new trial [36-1], motion to alter or amend judgment [2-1] [36-2] LEAVE TO FILE GRANTED (DDN) (ARL) (Entered: 05/22/1997)

RULED DOCUMENT by Mag Judge David D. Noce granting motion for leave to file reply memorandum out of time [57-1] SUSTAINED (cc: all counsel) (ARL) (Entered: 05/22/1997)

LETTER from deputy clerk to Terry Walls in re: return of his document because it had no certificate of service, and this pltf has counsel. (BDC) (Entered: 06/03/1997)

SEVENTEENTH COMPLIANCE REPORT by defendant Carl White, defendant Clarence D. Smith, defendant W. David Blackwell, defendant Lee Roy for April 1, 1997 through 6/30/97 (ARL) (Entered: 07/22/1997)

MEMORANDUM AND ORDER: by Mag Judge David D. Noce denying motion for new trial [36-1], denying motion to alter or amend judgment [2-1] [36-2] (cc: all counsel) (BDC) (Entered: 10/01/1997)

STATUS REPORT for July 1, 1997 through September 30, 1997 fld. by defendants (LAH) (Entered: 10/20/1997)

NOTICE OF APPEAL filed by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer, plaintiff James King re: the District Court decision of October 15, 1996 #[34-1] and [33-1); and the District Court decision of September 30, 1997, [62-1] fee: $ no fee paid. (BDC) (Entered: 10/29/1997)

MOTION by plaintiff Michael Parton, plaintiff Jack Babcock, plaintiff Donald Yates, plaintiff Terry Walls, plaintiff William Leonard, plaintiff James Bridgewater, plaintiff Robert Smith, plaintiff Ronald L. Boyer, plaintiff James King to proceed in forma pauperis on appeal (BDC) (Entered: 10/29/1997)

ORDER by Mag Judge David D. Noce granting motion to proceed in forma pauperis on appeal [65-1]. It Is Further Ordered that the $105.00 filing and docketing fees for an appeal are waived. (cc: all counsel) (LAH) (Entered: 11/20/1997)

DELIVERED TO USCA - 1 Civil Appeal Cover Sheet, 2 Certified Copies of Notice of Appeal filed by Plaintiffs, 2 Certified Copies of Clerk's Docket entries 2 copies of ORDER (DDN) filed 11/20/97, 2 copies of ORDER/MEMO (DDN) filed 9/30/97 and 2 copies of ORDER/MEMO (DDN) filed 10/15/96. Copy of NOA to Judge Noce. cc: NOA, Clerk's Docket entries and USCA letter to parties. (FCE) (Entered: 12/04/1997)

MOTION by plaintiffs for new trial , or, to amend (BDC) (Entered: 12/09/1997)

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 98-1074 - receipt of certified copies of notice of appeal and docket entries from the Clerk of USDC, together with the USDC's order granting leave to proceed on appeal in forma pauperis, and waiving payment of the filing and docketing fees. This is not the type of case in which district court counsel is automatically appointed. If you desire to apply for appointment of counsel, you should file a motion with this office by January 27, 1998. If no motion is filed, we will assume that appellants are proceeding pro se and will establish a briefing schedule. (LAH) (Entered: 01/23/1998)

DEFENDANTS' NINETEENTH AND FINAL COMPLIANCE REPORT FOR 10/1/97 THROUGH 12/31/97 w/ Exhibit 1 (ARL) (Entered: 01/27/1998)

LETTER from USCA: USCA # 98-1074EMSL sent with attached amended case caption. (BDC) (Entered: 03/09/1998)

NOTIFICATION AND BRIEFING SCHEDULE (USCA) FILED USCA #: 98-1074 Mthd of Appndx Prep Due: 6/26/98 Transcript Due: 7/27/98 Designations Due: 6/26/98 from appellant & 7/6/98 from appellee and Briefs Due: 8/5/98 from appellant & appellee on 9/4/98; reply brief due 9/19/98. (LAH) (Entered: 06/19/1998)

ORDER FROM USCA copy filed Mr. Kenneth Chackes' mtn. to withdraw as counsel for the appellants is granted. Ms. diana Wagner of St. Louis, MO is hereby appointed to represent the appellants on appeal. (terminating attorney Kenneth M. Chackes for James King, attorney Kenneth M. Chackes for Ronald L. Boyer, attorney Kenneth M. Chackes for Robert Smith, attorney Kenneth M. Chackes for James Bridgewater, attorney Kenneth M. Chackes for William Leonard, attorney Kenneth M. Chackes for Terry Walls, attorney Kenneth M. Chackes for Donald Yates, attorney Kenneth M. Chackes for Jack Babcock, attorney Kenneth M. Chackes for Michael Parton) , adding attorney Diana M. Wagner for Jack Babcock, William Cooper, Larry Schall, Gerald Bereuteri. USCA number: 98-1074 (LAH) (Entered: 06/19/1998)

ORDER FROM USCA copy filed USCA number: 98-1074EMSL - Appellants' motion for copies of hearing exhibits is granted. The Clerk of the District Court is directed to prepare the exhibits on or before 7/27/98. On the court's own motion , the deadline for appellants' brief is extended to 8/3/98. (DLB) (Entered: 07/28/1998)

EXHIBIT RECEIPT by plaintiffs of copies of exhibits filed in connection with consent judgment hearing held on 1/25/96 except for exhibit F (videotape). (DLB) (Entered: 07/28/1998)

TRANSCRIPT FORWARDED TO (USCA) - # of Volumes: 1 PROCEEDINGS: Consent Judgment Hearing held on 1/25/96 at the request of plaintiffs' counsel (DLB) (Entered: 07/28/1998)

Transmittal Acknowledgment from USCA, 1 transcript volumes USCA number: 98-1074EMSL (DLB) (Entered: 08/04/1998)

ORDER by Mag Judge David D. Noce denying plntf's motion for new trial [67-1] or to alter and amend the jgm [67-2] (cc: all counsel) (KKS) (Entered: 09/14/1998)

MOTION by plaintiff Jack Babcock, Larry Schaal, William Cooper, Gerald Bereuter for order an order to show cause why defendants should not be adjudged in contempt of court (DLB) (Entered: 11/13/1998)

RESPONSE by defendants to motion for order an order to show cause why defendants should not be adjudged in contempt of court [76-1] (DLB) (Entered: 11/23/1998)

REPLY by plaintiff to defendants' response to motion for order an order to show cause why defendants should not be adjudged in contempt of court [76-1] w/unnotorized affidavits of Larry Schaal and William Cooper. (DLB) (Entered: 12/01/1998)

MOTION by plaintiff for leave to supplement mtn for contempt with exhibits with attached exhibits A,B&C (KKS) (Entered: 12/22/1998)

MEMORANDUM AND ORDER: by Mag Judge David D. Noce denying without prejudice plntf's motion for leave to supplement mtn for contempt with exhibits [79-1] and plntf's motion for an order to show cause why defendants should not be adjudged in contempt of court [76- 1]; Case Stayed until disposition of pending appellate proceedings (cc: all counsel) (KKS) (Entered: 09/01/1999)

ENTIRE FILE SENT TO (USCA) - # of Volumes: 7,8,9 (LGK) (Entered: 09/09/1999)