Case: Jensen v. Gunter

Luna v. Clarke

Pierce v. Clarke

El-Tabech v. Gunter

El-Tabech v. Gunter

U.S. Court of Appeals for the Eighth Circuit

El-Tabech v. Gunter, Jensen v. Gunter

Jensen v. Clarke

U.S. Court of Appeals for the Eighth Circuit

El-Tabech v. Gunter, Jensen v. Gunter

Jensen v. Clarke

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT: with attchts & req for class action (ICMSUSER) (Entered: 01/29/1992)

REPORT AND RECOMMENDATION by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other clms; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented unless obj made w/i 20 days - CCAP (CCB) (Entered: 06/12/1992)

REPORT AND RECOMMENDATION by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other claims; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented unless obj made w/i 20 days - CCAP (CCB) Modified on 06/19/1992 (Entered: 06/12/1992)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Marshall Scott, defendant Maximino Gonzales to extend time to obj to r & r , w afdt of Terri M. Weeks in suppt (ICMSUSER) (Entered: 06/16/1992)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Scott Marshall, defendant Maximino Gonzales to extend time to obj to r & r, w afdt of Terri M. Weeks attch'd (ICMSUSER) (Entered: 06/16/1992)

ORDER by Judge Warren K. Urbom granting motion to extend time to obj to r & r [167-1] & giving Ds to 7/21/92 to obj to report and recommendation - CCAP (CCB) (Entered: 06/18/1992)

ORDER by Judge Warren K. Urbom granting motion to extend time to obj to r & r [187-1] to 7-21-92 - CCAP (6-19-92) (ICMSUSER) (Entered: 06/19/1992)

NOTICE that case has been reassigned to WGC (ICMSUSER) (Entered: 07/02/1992)

NOTICE that case has been reassigned to WGC (ICMSUSER) (Entered: 07/02/1992)

FILE SENT to Mary in Judge Cambridge's office (CCB) (Entered: 07/20/1992)

FILE SENT to Mary in Judge Cambridge's office (CCB)

OBJECTION in part by plaintiff to RR [166-1] (CCB) (Entered: 07/22/1992)

OBJECTION by defendants to RR [166-1] with attachments (CCB) Modified on 07/22/1992 (Entered: 07/22/1992)

OBJECTION in part by plaintiff to RR [186-1] (CCB) (Entered: 07/22/1992)

OBJECTION by defendants to RR [186-1] with attachments (CCB) Modified on 07/22/1992 (Entered: 07/22/1992)

ALL EXHIBITS AND TRANSCRIPTS SENT to Omaha for WGC (ICMSUSER)

ALL EXHIBITS AND TRANSCRIPTS SENT to Omaha for WGC (ICMSUSER) (Entered: 08/11/1992)

Proposed Remedial Plan and MOTION by defendant Harold W. Clarke request for evidentiary hearing (ICMSUSER) (Entered: 08/19/1993)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Marshall Scott, defendant Maximino Gonzales to strike resp to Ds' obj to R & R (ICMSUSER) (Entered: 08/18/1992)

MOTION by defendant to strike resp to Ds' obj to R & R (ICMSUSER) (Entered: 08/18/1992)

MOTION by defendant Frank O. Gunter, defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Marshall Scott, defendant Maximino Gonzales to withdraw motion to strike (ICMSUSER) (Entered: 08/26/1992)

MOTION by defendant Harold W. Clarke, defendant Mario Peart, defendant Donn Beaver, defendant Scott Marshall, defendant Maximino Gonzales to withdraw motion to strike (ICMSUSER) (Entered: 08/26/1992)

ORDER by Judge William G. Cambridge granting motion to withdraw motion to strike [173-1] withdrawing motion to strike resp to Ds' obj to R & R [172-1] - CCAP (CJS) (Entered: 09/14/1992)

MEMORANDUM, OPINION, AND ORDER: by Judge William G. Cambridge granting report and recommendation by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other clms; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented [166-1] denying motion OBJECTION in part by plaintiff to RR [166-1] [170-1] denying motion OBJECTION by defendants to RR [166-1] [171-1] - CCAP STAYED PER ORDER DTD 10/28/92 (CJS) (Entered: 09/14/1992)

JUDGMENT: by Judge William G. Cambridge granting report and recommendation by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other clms; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented [166-1] denying motion OBJECTION in part by plaintiff to RR [166-1] [170-1] denying motion OBJECTION by defendants to RR [166-1] [171-1] terminating case - CCAP and appeal form sent" (CJS) (Entered: 09/14/1992)

ORDER by Judge William G. Cambridge granting motion to withdraw motion to strike [193-1] withdrawing motion to strike resp to Ds' obj to R & R [192-1] - CCAP (CJS) (Entered: 09/14/1992)

MEMORANDUM, OPINION, AND ORDER: by Judge William G. Cambridge granting report and recommendation by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other claims; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented [186-1] denying motion OBJECTION in part by plaintiff to RR [186-1] [190-1] denying motion OBJECTION by defendants to RR [186-1] [191-1] - CCAP STAYED PER ORDER DTD 10/28/92 (CJS) (Entered: 09/14/1992)

JUDGMENT: by Judge William G. Cambridge granting report and recommendation by Mag. Judge Piester that Ct enter jgm in favor of Ps on clm for inj relief on failure to safeguard Ps fm threat of violent attacks, etc. and in favor of Ds on all other claims; giving Ds time to subm plan to correct deficiency & this Ct hold all proceedings necessary to ensure inj relief is promptly implemented [186-1] denying motion OBJECTION in part by plaintiff to RR [186-1] [190-1] denying motion OBJECTION by defendants to RR [186-1] [191-1] terminating case - CCAP and appeal form sent" (CJS) (Entered: 09/14/1992)

FILE SENT to Clerk's Office in Lincoln - Vol. I, II and III [closed] (PLW) Modified on 09/14/1992 (Entered: 09/14/1992)

FILE SENT to Clerk's Office in Lincoln - Vol. I, II and III [closed] (PLW)

FILE SENT to Omaha (3 Vols) for Lawrence Brodkey 342-5300 (ICMSUSER)

FILE SENT to Clerk's Office in Lincoln (Vols. I, II & III) (PLW)

NOTICE OF APPEAL by defendants from Dist. Court decision [176-2] (fil fee pd) - CCAP (ICMSUSER) Modified on 10/09/1992 (Entered: 10/09/1992)

ORDER for transcript (already prepared & filed) - Copy mld to Linda Swanson & Kathy Scheer Court Reporters, Latimer Reporting, 528 S. l3th St., #1, Lincoln, NE 68508, ph (402) 476-1153 (ICMSUSER) (Entered: 10/09/1992)

RECEIPT #6677 for Appeal fee in the amount of $ 105.00 [177-1] (ICMSUSER) (Entered: 10/09/1992)

MOTION by defendants pursuant to FRAP 11(c) to req clk to temp retain record (ICMSUSER) (Entered: 10/09/1992)

MOTION by defendant to stay of injunction pending appeal (ICMSUSER) (Entered: 10/09/1992)

NOTICE OF APPEAL by defendants from Dist. Court decision [196-2] (fil fee pd, receipt filed in CV87-L-377) - CCAP (ICMSUSER) (Entered: 10/09/1992)

ORDER for transcript (already prepared & filed) - Copy mld to Linda Swanson & Kathy Scheer, Ct Rptrs, 528 S. l3th St. #1, Lincoln, NE 68508, ph (402) 476-1153 (ICMSUSER) (Entered: 10/09/1992)

MOTION by defendant for ord dir clk to temp retain record (ICMSUSER) (Entered: 10/09/1992)

MOTION by defendant to stay injunction pending appeal (ICMSUSER) (Entered: 10/09/1992)

2 CERTIFIED COPIES OF Ds' Clarke & Hopkins NOTICE OF APPEAL filed 10/9/92, together with R & R filed 6/11/92, Memo & Ord & Jgm filed 9/9/92 and clerk's docket entries mailed to Clerk, USCA 8th Circuit; docket entries also mailed to attys of record (ICMSUSER) Modified on 10/15/1992 (Entered: 10/15/1992)

2 CERTIFIED COPIES OF Ds' Clarke & Hopkins NOTICE OF APPEAL filed 10/9/92, together with R & R filed 6/11/92, Memo, Ord & Jgm filed 9/9/92 and clerk's docket entries mailed to Clerk, USCA 8th Circuit; docket entries also mailed to attys of record (ICMSUSER) (Entered: 10/15/1992)

NOTICE OF CROSS APPEAL by plaintiff Mohamed Abdul Hafiz El- Tabech from Dist. Court decision [176-2] (fil fee not pd) - CCAP (ICMSUSER) (Entered: 10/22/1992)

NOTICE OF CROSS APPEAL by plaintiff Jerry Jensen from Dist. Court decision [196-2] (fil fee not pd) - CCAP (ICMSUSER) (Entered: 10/22/1992)

AMENDED NOTICE OF APPEAL by plaintiff Mohamed Abdul Hafiz El-Tabech from Dist. Court judgmt entered 9/9/92, w certif of serv dated 10/23/92 (Certified copy of last page of docket sheets mailed to USCA) (ICMSUSER) Modified on 10/26/1992 (Entered: 10/26/1992)

AMENDED NOTICE OF APPEAL by plaintiff Jerry Jensen from Dist. Court decision [196-2], entered 9/9/92, w certif of serv dated 10/23/92 (Copy of last page of docket sheets mailed to USCA) (ICMSUSER) (Entered: 10/26/1992)

FILE SENT to Omaha (Vol III) (ICMSUSER)

FILE SENT to Omaha (Vol III) (ICMSUSER) (Entered: 10/26/1992)

ORDER by Judge William G. Cambridge granting motion pursuant to FRAP 11(c) to req clk to temp retain record [180-1] granting motion to stay of injunction pending appeal [181-1]; clerk shall, if appropriate, certify to the clerk of the 8th circuit that the record is complete for purposes of appeal; upon receipt of the brf of the Appellee, the Appellant shall request the clerk to transmit the record to the 8th circuit; order entered on 9/9/92 granting the Ps injunction is hereby stayed pending appeal to the 8th circuit. - CCAP (PCV) (Entered: 10/30/1992)

ORDER by Judge William G. Cambridge granting motion for ord dir clk to temp retain record [199-1] granting motion to stay injunction pending appeal [200-1]; clk shall, if appropriate, certify to the clerk of the court of appeals that the record is complete for purposes of appeal; upon receipt of the brf of the Appellee, or at such earlier time as the parties may agree, the Appellant shall request the clerk of the court to transmit the record to the 8th Circuit Court of Appeals, crts order entered on 9/9/92 granting the Plaintiffs injunction is hereby stayed pndg appeal the 8th Circuit. - CCAP (PCV) (Entered: 10/30/1992)

COPY of Appellate Court Order: Scott Freese appoint counsel for P Jensen (ICMSUSER) (Entered: 11/03/1992)

SCHEDULING ORDER from USCA; Appellate Docket Number 92-3390 ; trans desgn set for 12/7/92 ; appnt desgn ddl set for 11/6/92 ; appe desgn ddl set for 11/16/92 (ICMSUSER) (Entered: 11/03/1992)

FILE SENT to Clerk's Office in Lincoln (Vol. III) [closed] (PLW) (Entered: 10/30/1992)

FILE SENT to Clerk's Office in Lincoln (Vol. III) [closed] (PLW)

FILE SENT to Omaha, c/o N. Vadnais, Vol III only (ICMSUSER) (Entered: 11/03/1992)

FILE SENT to Omaha, c/o N. Vadnais, Vol III only (ICMSUSER)

REVISED SCHEDULING ORDER from USCA; Appellate Docket Number 92-3390 trans desgn set for 12/14/92 [203-1], [202-1], [197-1], joint appendix (3 copies) due 12/23/92, etc. (CCB) (Entered: 11/27/1992)

COPY of Appellate Court Order: Appellees' mtn to dism the appeal is hereby ordered tkn with the case for consideration by the panel to which this case is subm for disposition on the merits (CCB) (Entered: 11/27/1992)

CERTIFICATE AND ORDER by Judge William G. Cambridge - that the appeal is taken in good faith and is not frivolous, the court reporter is directed to prepare and file a transcript of testimony in original copy only with expense thereof to be paid by the U.S. as provided in 28:USC753(f). (NCD) (Entered: 01/21/1993)

FILE SENT to Winnie Nichols in Lincoln (Vol. III only) (PLW) (Entered: 01/21/1993)

FILE SENT to Winnie Nichols in Lincoln (Vol. III only) (PLW)

2 CERTIFIED COPIES OF NOTICE OF CROSS APPEAL filed 10/21/93, RR filed6/11/92, memo opin & ord & jdg filed 9/9/92 & ord filed 1/21/93, together with and clerk's docket entries mailed to Clerk, USCA 8th Circuit; (fil fee not pd) docket entries also mailed to attys of record (ICMSUSER) (Entered: 01/25/1993)

SCHEDULING ORDER from USCA; Appellate Cross Appeal Docket Number 93-1234 [202-1] (ICMSUSER) (Entered: 02/02/1993)

Copy of ORDER USCA-8 appt Robert Shively to represent El-Tabech, Barry Hemmerling to repres Luna, Gregory Barton to repres Pierce, Duff, Wilson, Crisp, Dittrich, Dawson, V Carter, G Carter, Kane & Sims & Scott Freese to repres Jensen (ICMSUSER) (Entered: 02/02/1993)

FILE SENT to Omaha, Vol III, for Mary in Judge Cambridge's office (ICMSUSER) (Entered: 04/30/1993)

COPY OF OPINION of USCA, 8th Circuit, dismissing appeal (CCB) (Entered: 05/05/1993)

MOTION by plaintiff Jerry Jensen to lift stay, for order to establish sched for D's to submit proposed remedial plan and for Ps' to subm a resp thereto (ICMSUSER) Modified on 03/14/1994 (Entered: 05/26/1993)

MANDATE from USCA 8th Circuit dismissing the appeal - CCAP (ICMSUSER) (Entered: 05/28/1993)

COSTS taxed (USCA-8) for plaintiff Jerry Jensen in the amount of $322.00 against defendants Frank O. Gunter, Harold W. Clarke, Mario Peart, Donn Beaver, Scott Marshall, Maximino Gonzales - CCAP (ICMSUSER) Modified on 05/28/1993 (Entered: 05/28/1993)

MOTION by defendants to extend time to resp to mot to lift stay & for prog ord (ICMSUSER) (Entered: 05/28/1993)

AFFIDAVIT of Marie C. Pawol regarding motion to extend time to resp to mot to lift stay & for prog ord [217-1] (ICMSUSER) (Entered: 05/28/1993)

ORDER by Judge William G. Cambridge granting motion to extend time to resp to mot to lift stay & for prog ord [217-1] motion to lift stay [214-1], and motion for order to establish sched for D's to submit proposed remedial plan and for Ps' to subm a resp thereto [214-2] ready to rule date changed to 6/21/93 - CCAP (PCV) (Entered: 06/03/1993)

ORDER by Judge William G. Cambridge referring to Magistrate David L. Piester the motion to lift stay [214-1], referring to Magistrate David L. Piester the motion for order to establish sched for D's to submit proposed remedial plan and for Ps' to subm a resp thereto [214-2]; original brf to WGC, copy to DLP - CCAP (PCV) (Entered: 06/03/1993)

FILE SENT to Magis. Judge Piester in L re flng. #202 (Vol. III only) (PLW) Modified on 06/03/1993 (Entered: 06/03/1993)

MOTION by plaintiff Jerry Jensen for attorney fees (ICMSUSER) (Entered: 06/08/1993)

REMARK page 1 of opin from USCA substituted with correct name of Scott Marshall (ICMSUSER) (Entered: 06/18/1993)

REMARK page 1 of opin USCA subst w correct name of Scott Marshall (ICMSUSER)

FILES SENT to Omaha - Vols II and III - for Mary Buckley (Vol I will be returned to Omaha office by Atty Sampson of Omaha) (ICMSUSER) (Entered: 07/01/1993)

ORDER by Judge William G. Cambridge, Ps allowed 30 days from the date of this order to make an appropriate showing with regard to attorney fees; Ds allowed 15 days from date of service of Ps showing to respond thereto. ; ddl to show cause set for 8/9/93 - CCAP (PCV) (Entered: 07/09/1993)

FILE SENT to Clk's ofc. in L--returning file (Vol. I-III) (PLW) (Entered: 07/08/1993)

MOTION by plaintiff Jerry Jensen for temporary restraining order w afdt attch (ICMSUSER) (Entered: 08/02/1993)

MOTION by plaintiff Jerry Jensen for preliminary injunction w afdt attch (ICMSUSER) (Entered: 08/02/1993)

CERTIFICATE by plaintiff Jerry Jensen of serv mots for tro & prelinj (ICMSUSER) (Entered: 08/02/1993)

MOTION by plaintiff Jerry Jensen for attorney fees & exp attrib to premature appeal (ICMSUSER) (Entered: 08/06/1993)

AFFIDAVIT of Gregory D. Barton regarding motion for attorney fees & exp attrib to premature appeal [226-1] w attchts (ICMSUSER) (Entered: 08/06/1993)

INDEX by plaintiff Jerry Jensen re: motion for attorney fees & exp attrib to premature appeal [226-1] (ICMSUSER) (Entered: 08/06/1993)

AFFIDAVIT of Robert W. Shively regarding motion for attorney fees & exp attrib to premature appeal [226-1] (ICMSUSER) (Entered: 08/06/1993)

AFFIDAVIT of Jack L.Shultz regarding motion for attorney fees & exp attrib to premature appeal [226-1] (ICMSUSER) (Entered: 08/06/1993)

MINUTES before Judge Richard G. Kopf on motion for TRO and prel inj granted in part and denied in part, written order to issue (CCB) (Entered: 08/10/1993)

WITNESS LIST by P (CCB) (Entered: 08/10/1993)

EXHIBIT LIST by P (CCB) (Entered: 08/10/1993)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf granting motion for preliminary injunction [224-1] in part and giving cnsl for Ds time to file and serve proposed remedial plan & Ps time to resp, etc., finding the motion for temporary restraining order [223-1] moot. - CCAP (CCB) (Entered: 08/10/1993)

MOTION by defendants Harold Clarke and Frank Hopkins to extend time to resp to Ps' applic for atty fees with afdt of Terri Weeks atchd (CCB) (Entered: 08/20/1993)

ORDER by Magistrate David L. Piester gv Ps to 9/3/93 to resp to Ds' proposed remedial plan & finding the motion for order to establish sched for D's to submit proposed remedial plan and for Ps' to subm a resp thereto [214-2] moot. - CCAP (ICMSUSER) (Entered: 08/25/1993)

ORDER by Judge William G. Cambridge granting motion to extend time to resp to Ps' applic for atty fees [236-1]; motion for attorney fees & exp attrib to premature appeal [226-1], motion for attorney fees [221-1] ready to rule dates changed to 9/8/93 - CCAP (CJS) (Entered: 08/25/1993)

NOTICE by defendants of amendment to proposed remedial plan with attachments (CCB) (Entered: 09/07/1993)

CLERK'S ORDER Case reassigned to Judge Richard G. Kopf, Case reopened - CCAP 9/2/93 (CCB) (Entered: 09/07/1993)

MEMORANDUM AND ORDER: by Judge Richard G. Kopf Case reassigned to Judge Richard G. Kopf - CCAP 9/2/93 (CCB) (Entered: 09/07/1993)

MOTION by plaintiff to extend time to resp to Ds' proposed remedial plan (CCB) (Entered: 09/07/1993)