Case: Pack v. Beyer

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Third Circuit

COMPLAINT with Affidavit to proceed in Forma Pauperis filed; jury demand (AC) (Entered: 08/21/1991)

ORDER, granting in forma pauperis ( signed by Judge Garrett E. Brown, Jr. ) (NM) (AC) (Entered: 08/21/1991)

NOTICE of Allocation and Assignment filed. Magistrate Wolfson (Trenton - Brown)(NM) (AC) (Entered: 08/21/1991)

SUMMONS(ES) issued for HOWARD L. BEYER, VERNON JOHNSON, DAVID PARRISH, CAPTAIN G. CATAPANO, R. HOLVEY, INV. DAVIES (20 Days) (TO USM) (AC) (Entered: 08/21/1991)

Notice of MOTION for temporary restraining order by pltfs, HARRY PACK, and BRUCE KING; Motion hearing set for 10/7/91 on [4-1] motion . (po/brief) (dg) (Entered: 09/10/1991)

MEMORANDUM AND ORDER dismissing pltfs' [4-1] motion for a preliminary injunction without prej. to its renewal after proper service ( signed by Judge Garrett E. Brown, Jr. ) (dg) (Entered: 09/23/1991)

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 10/07/91; The following actions were taken, [4-1] motion for temporary restraining order taken under advisement By Judge Garrett E. Brown, Jr. (ms) (Entered: 10/16/1991)

ORDER TO SHOW CAUSE: Show Cause Hearing set for 10:00 10/29/91 why certain order should not be vacated, etc. (signed by Judge Garrett E. Brown, Jr.) (NM) (ms) (Entered: 10/16/1991)

RETURN OF SERVICE executed as to defts, DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, R. HOLVEY, and CAPTAIN G. CATAPANO on 10/10/91. Answer due on 10/30/91. (dg) (Entered: 10/29/1991)

Return of service unexecuted as to deft, DAVIES. (dg) (Entered: 10/29/1991)

AFFIDAVIT Madeleine W. Mansier, Re: [7-2] in response to order to show cause of 10.9.91. (dg) (Entered: 10/29/1991)

APPLICATION by defts, DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, R. HOLVEY, and CAPTAIN G. CATAPANO and Clerk's Order extending time to answer. Answer due 11/13/91. (dg) (Entered: 10/30/1991)

ANSWER to Complaint by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, R. HOLVEY, CAPTAIN G. CATAPANO; jury demand (dg) (Entered: 11/18/1991)

ORDER, set pretrial order due for 5/19/92 ( signed by Magistrate Freda L. Wolfson ) (dg) (Entered: 11/18/1991)

Notice of MOTION by pltf for leave to file an amended complaint ; Motion hearing set for 1/6/92 on [15-1] motion . (po) (dg) (Entered: 11/26/1991)

LETTER by pltf re: motion for leave to amend ret'ble 1/6/92 (ms) (Entered: 12/03/1991)

Minute entry: Minutes of: 12.16.91; The following actions were taken, By Judge Garrett E. Brown, Jr. : OTSC re: why certain order should not be vacated, etc - rule 78. (dg) (Entered: 12/17/1991)

Minute entry: Minutes of: 1.6.92; The following actions were taken, [15- 1] motion for leave to file an amended complaint taken under advisement By Magistrate Freda L. Wolfson (dg) (Entered: 01/10/1992)

Motion hearing re: [15-1] motion for leave to file an amended complaint Motion hearing held (dg) (Entered: 01/10/1992)

MEMORANDUM AND ORDER granting pltf's [15-1] motion for leave to file an amended complaint ( signed by Magistrate Freda L. Wolfson ) (dg) (Entered: 01/22/1992)

Notice of MOTION by pltf, Harry Pack, to compel certain discovery ; Motion hearing set for 3/16/92 on [21-1] motion . (po) (dg) (Entered: 02/18/1992)

AMENDED COMPLAINT by pltf, HARRY PACK , amending [1-1] complaint (dg) (Entered: 02/14/1992)

SUMMONS on the amended complaint issued for INV. DAVEY ( 20 Days) (Mailed to Counsel) (dg) (Entered: 02/14/1992)

Minute entry: Minutes of: 3.16.92; The following actions were taken, [21-1] motion to compel certain discovery taken under advisement By Magistrate Freda L. Wolfson (dg) (Entered: 03/18/1992)

ORDER denying as moot pltf, Pack's, [21-1] motion to compel certain discovery ( signed by Magistrate Freda L. Wolfson ) (dg) (Entered: 03/18/1992)

Notice of MOTION to compel certain discovery by pltf, HARRY PACK; Motion hearing set for 5/4/92 on [24-1] motion . (po/memo) (dg) (Entered: 04/02/1992)

APPLICATION by deft, DEBORAH DAVEY, and Clerk's Order extending time to answer. Answer due 4/24/92 for DEBORAH DAVEY. (dg) (Entered: 04/13/1992)

ANSWER to Complaint by deft, DEBORAH DAVEY; jury demand (dg) (Entered: 04/28/1992)

Minute entry: Minutes of: 5.4.92; The following actions were taken, [24- 1] motion to compel certain discovery taken under advisement By Magistrate Freda L. Wolfson (dg) (Entered: 05/06/1992)

Motion hearing re: [24-1] motion to compel certain discovery Motion hearing held (dg) (Entered: 05/06/1992)

RETURN OF SERVICE executed as to DEBORAH DAVEY 3/20/92 (ms) (Entered: 05/07/1992)

ORDER, resetting pretrial order due for 6/19/92 ( signed by Magistrate Freda L. Wolfson ) (am) (Entered: 05/19/1992)

MEMORANDUM AND ORDER granting in part, denying in part [24-1] motion to compel certain discovery and directing deft's to submit an application for a protective order. ( signed by Magistrate Freda L. Wolfson ) (am) (Entered: 05/27/1992)

Notice of MOTION for protective order by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, R. HOLVEY, CAPTAIN G. CATAPANO, Motion hearing set for 10:00 7/6/92 on [31-1] motion . (Ltr Brief & P.O. Subm) (am) (Entered: 06/09/1992)

AFFIDAVIT by WILLIAM H. FAUVER in support Re: [31-1] motion for protective order (am) (Entered: 06/09/1992)

AFFIDAVIT by HOWARD L. BEYER in support Re: [31-1] motion for protective order (am) (Entered: 06/09/1992)

AFFIDAVIT by ALLAN C. ROTH. (am) (Entered: 06/18/1992)

LETTER ORDER resetting discovery due for 8/31/92 and directing pltf's to refile their pretrial memorandum if further discovery is received. ( signed by Magistrate Freda L. Wolfson ) (am) (Entered: 06/29/1992)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 7/6/92; The following actions were taken, [31-1] motion for protective order taken under advisement By Magistrate Freda L. Wolfson (am) (Entered: 07/08/1992)

RETURN OF SERVICE executed as to DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, R. HOLVEY, CAPTAIN G. CATAPANO 10/10/91 (am) (Entered: 07/15/1992)

MEMORANDUM AND ORDER granting [31-1] motion for protective order, denying pltf 's application in opposition. (signed by Magistrate Freda L. Wolfson) (NM) (eh) (Entered: 12/03/1992)

Substitute attorney for ALL DEFENDANTS Terminated attorney ALLAN C. ROTH for ALL DEFENDANTS; Added, DIANNE M. MORATTI (eh) (Entered: 02/02/1993)

Notice of MOTION for leave to file AMENDED COMPLAINT by HARRY PACK, Motion hearing set for 10:00 4/19/93 on [41-1] motion (Brief & PO subm) (mgr) (Entered: 03/22/1993)

Notice of MOTION for protective order by ALL DEFENDANTS. Motion hearing set for 10:00 5/17/93 on [42-1] motion . (BRIEF/PO) (eh) (Entered: 04/16/1993)

AFFIDAVIT by DIANE MORATTI, for defts, in support Re: [42-1] motion for protective order (eh) (Entered: 04/16/1993)

AFFIDAVIT by HOWARD L. BEYER in support Re: [42-1] motion for protective order (eh) (Entered: 04/16/1993)

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 4/19/93; The following actions were taken, [41-1] motion for leave to file AMENDED COMPLAINT taken under advisement By Judge Garrett E. Brown, Jr. (eh) (Entered: 04/21/1993)

MEMORANDUM AND ORDER denying [41-1] motion for leave to file AMENDED COMPLAINT and denying pltfs' motion for appointment of counsel. (signed by Judge Garrett E. Brown, Jr.) (NM) (eh) (Entered: 04/29/1993)

Notice of MOTION to compel discovery by HARRY PACK, Motion hearing set for 10:00 5/17/93 on [47-1] motion . (BRIEF/PO) (PER CHAMBERS) (eh) (Entered: 05/03/1993)

CERTIFICATION of HARRY PACK in support Re: [47-1] motion to compel discovery (eh) (Entered: 05/03/1993)

AFFIDAVIT of service of discovery by DIANE MORATTI. (eh) (Entered: 05/11/1993)

Notice of MOTION for reconsideration of [46-1] order by HARRY PACK, Motion hearing set for 10:00 6/7/93 on [50-1] motion (Brief & PO subm) (mgr) (Entered: 05/11/1993)

LETTER ORDER [47-1] motion to compel discovery taken under advisement and [42-1] motion for protective order taken under advisement pending decision of District Court. (signed by Magistrate Freda L. Wolfson) (NM) (eh) (Entered: 05/25/1993)

Minute entry: Proceedings NOT RECORDED; Minutes of: 6/7/93; This action taken: [50-1] motion for reconsideration of [46-1] order taken under advisement By Judge Garrett E. Brown, Jr. (mgr) (Entered: 06/07/1993)

ORDER denying [50-1] motion for reconsideration of [46-1] order ( signed by Judge Garrett E. Brown, Jr. ) (lk) (Entered: 06/07/1993)

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 9/20/93; The following actions were taken, [42-1] motion for protective order stayed pending Lumumba decision of GEB. By Magistrate Freda L. Wolfson (eh) (Entered: 09/24/1993)

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 9/20/93; The following actions were taken, [47-1] motion to compel discovery stayed pending Lumumba decision of GEB. By Magistrate Freda L. Wolfson (eh) (Entered: 09/24/1993)

ORDER, staying the disposition of pltf's [47-1] motion for discovery and deft's [42-1] motion for a protective order until there is a decision on the state secret privlege in CV91-3884(AET). (signed by Magistrate Freda L. Wolfson) (NM) (eh) (Entered: 09/22/1993)

ORDER of Reassignment. Terminated Judge Garrett E. Brown, Jr.; Assigned Judge Anne E. Thompson. (eh) (Entered: 09/30/1993)

ORDER, consolidating CV91-3884, CV92-3123, CV91-5672, CV92- 3499, CV92-1275 & CV92-3500 with this case and appointing Crummy, Deldeo, Dolan, Griffinger & Vecchione by John J. Jacobi, Esq. to represent the pltfs. in this consolidated matter (signed by Judge Anne E. Thompson) (SA) Modified on 10/01/1993 (Entered: 10/01/1993)

Consolidated Lead Case with CV91-3884, CV92-3123, CV91-5672, CV92-3499, CV92-1275 & CV92-3500. (SA) (Entered: 10/01/1993)

AFFIDAVIT of DIANNE M. MORATTI filed. (SA) (Entered: 10/07/1993)

LETTER ORDER granting FBI to review certain documents. (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 10/21/1993)

ORDER denying defts.' request for a stay of Mr. Jacobi's access to certain documents. (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 10/26/1993)

MEMORANDUM AND ORDER granting in part and denying in part pltfs' in limine motion to exclude certain evidence and to bar certain ex parte evidence, as filed under the member case of Lumumba v. Holvey , Civil 91-3884AET (signed by Magistrate John J. Hughes)(NM) (SA) Modified on 11/03/1993 (Entered: 11/03/1993)

NOTICE OF APPEAL filed at 3:53 P.M. by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, RONALD HOLVEY, CAPTAIN G. CATAPANO, WILLIAM H. FAUVER, DOROTHY WASHINGTON, EDWIN ROCHELLE, JOHN MILLER, WILLIAM STANLEY NUNN, ROY HENDRICKS, A. ORTIZ, GARY J. HILTON, NANGLE, E. FROMAN, JIM BARNES, J. HOBSON, W. J. MOLEINS, DONALD MEE, IRA R. FRIEDMAN, WILLIS MORTON Re: [60-1] order . Fee Status: PD.$105.00;REC.NO.181942. Copies of notice of appeal sent to USCA and Attorney(s): ALL COUNSEL OF RECORD. (AC) (Entered: 11/04/1993)

ORDER, vacating [54-1] order staying the disposition of pltf's [47-1] motion for discovery and deft's [42-1] motion for a protective order until there is a decision on the state secret privlege in CV91-3884(AET). ; dismissing as moot [47-1] motion to compel discovery; and dismissing as moot [42-1] motion for protective order (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 11/05/1993)

NOTICE of Docketing ROA from USCA Re: [63-1] appeal USCA NUMBER: 93-5666 (AC) (Entered: 11/08/1993)

Certified Copy Of Order from the USCA. Re: Granting appellants motion for a stay pending appeal (TEMPORARILY). (AC) (Entered: 11/08/1993)

JUDGMENT OF USCA (certified copy) Re: [63-1] appeal dismissing [63-1] appeal for lack of appellate jurisdiction; denying petition for mandamus and dissolving stay. (AC) (Entered: 11/22/1993)

Substitute attorney for defts, HENDRICKS, ORTIZ, NANGLE, FROMAN, BARNES, HOBSON, MOLEINS, FRIEDMAN, MORTON; Terminated attornies DEBORAH BERK, DEBORAH GNATT, HOWARD J. MCCOACH as to respective defts; Added DIANE M. MORATTI (mgr) (Entered: 11/30/1993)

Deadline updated; telephone conference for 4:30 1/18/94 (dg) (Entered: 12/01/1993)

CONSENT ORDER permitting the Deputy Attorney General and any witnesses who testified at certain hearings access to certain sealed audio tapes.(signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 12/16/1993)

Notice of MOTION for leave to examine certain documents by BRUCE KING, HARRY PACK, CHRISTOPHER BROWN, RICHARD HUNTER, ROBERT PARRISH, MAURICE TAYLOR, DANIEL RAWLS, COSMO DE APOLLA, DAUD OBIKA TULAM, JAHI SHAKUR, TAHARKA SENGHOR, RUMIEJAH UKAWABUTU, THOMAS WILLIAM MANNING [70-1] motion referred to Magistrate John J. Hughes, Motion hearing set for 10:00 2/7/94 on [70-1] motion . (femp) (Entered: 01/20/1994)

ORDER, sealing the record of the proceedings before the Hon. John J. Hughes on 2-7-94 (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 02/18/1994)

Deadline updated; discovery hearing for 2:00 3/21/94 (dg) (Entered: 03/04/1994)

TRANSCRIPT taken on 10/21/92 (UNDER SEAL) (SA) (Entered: 03/15/1994)

TRANSCRIPT taken on 09/21/92 (UNDER SEAL) (SA) (Entered: 03/15/1994)

TRANSCRIPT taken on 03/14/94 (UNDER SEAL) (SA) (Entered: 03/15/1994)

Deadline updated; discovery hearing for 11:30 3/28/94 (dg) (Entered: 03/15/1994)

ORDER sealing certain transcripts (signed by Magistrate John J. Hughes) (NM) (CORRECTED ENTRY OF 3/28/94) (ms) (Entered: 03/29/1994)

Minute entry: Proceedings recorded by Ct-Reporter: ESR; Minutes of: 03/28/94; The following actions were taken, denying [70-1] motion for leave to examine certain documents and ordered that the record be sealed. (By Magistrate John J. Hughes) (SA) (Entered: 04/06/1994)

MEMORANDUM AND ORDER denying [70-1] motion for leave to examine certain documents and directing deft. to disclose documents to rely on at trial or at a summary judgment proceedings staying orders pending appeal (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 04/06/1994)

TRANSCRIPT of Proceedings taken on 03/28/94 (UNDER SEAL) (SA) (Entered: 04/13/1994)

NOTICE of APPEAL of Magistrate decision to District Court RE: [78-1] order staying orders pending appeal By All Pltfs. Hearing on magistrate appeal set for 10:00 6/6/94 (PO & Brief subm) (SA) Modified on 04/29/1994 (Entered: 04/29/1994)

Notice of MOTION to direct pltfs to move to Certify Class and for leave to file an appeal, nunc pro tunc, of [78-1] Magistrate's ORDER OF 4-6- 94 by all defts. Motion hearing set for 10:00 6/20/94 on [81-1] motion, set for 10:00 6/20/94 on [81-2] motion . (PO & Brief subm) (SA) Modified on 05/17/1994 (Entered: 05/16/1994)

AFFIDAVIT of Dianne M. Moratti, DAG supporting [81-1] motion to direct pltfs to move to Certify Class, [81-2] motion for leave to file an appeal, nunc pro tunc, [78-1] Magistrate ORDER OF 4-6-94 (SA) Modified on 05/17/1994 (Entered: 05/16/1994)

Minute entry: Proceedings recorded by Ct-Reporter: RUSSONIELLO; Minutes of: 06/20/94; The following actions were taken, withdrawing [81-1] motion to direct pltfs to move to Certify Class [81-2] motion for leave to file an appeal, nunc pro tunc, of [78-1] Magistrate's ORDER OF 4-6-94 taken under advisement (By Judge Anne E. Thompson) (SA) (Entered: 06/21/1994)

OPINION (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 07/06/1994)

ORDER denying [81-1] motion to direct pltfs to move to Certify Class, denying [81-2] motion for leave to file an appeal, nunc pro tunc, of [78-1] Magistrate's ORDER OF 4-6-94 granting in part, denying in part [80-1] Magistrate appeal (signed by Judge Anne E. Thompson)(NM) (SA) (Entered: 07/06/1994)

SCHEDULING ORDER setting Status conference 11:00 12/2/94; Settlement conference 2:00 8/29/94; directing parties to provide certain discovery; and directing defts to respond to certain settlement offer by 8/12/94 (signed by Magistrate John J. Hughes) (NM) (ms) (Entered: 07/14/1994)

SCHEDULING ORDER setting Status conference 11:00 12/2/94 ; Setting deadlines for certain pleadings. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 09/21/1994)

COPY OF ORDER, consolidating CV-93-5564 (AET) and CV-94-709 (MLP) with this case and appointing John V. Jacobi, Esq. from Crummy, DelDeo, Dolan, Griffinger & Vecchione to represent the pltfs. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 09/28/1994)

ORDER granting the deft.'s counsel permission to take deposition of Wayne Lee #260921. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 09/30/1994)

Notice of MOTION to dismiss pltf. Humphrey Cohen's complaint for failure to state a claim by DAVID PARRISH, VERNON JOHNSON, HOWARD L. BEYER, DEBORAH DAVEY, RONALD HOLVEY, CAPTAIN G. CATAPANO, WILLIAM H. FAUVER, DOROTHY WASHINGTON, EDWIN ROCHELLE, JOHN MILLER, WILLIAM STANLEY NUNN, ROY HENDRICKS, A. ORTIZ, GARY J. HILTON, NANGLE, E. FROMAN, JIM BARNES, J. HOBSON, W. J. MOLEINS, DONALD MEE, IRA R. FRIEDMAN, WILLIS MORTON, RONALD PAICE, Motion hearing set for 10:00 10/24/94 on [92-1] motion . (PO & Brief subm) (SA) (Entered: 10/04/1994)

AFFIDAVIT of Dainne M. Moratti Re: supporting [92-1] motion to dismiss pltf. Humphrey Cohen's complaint for failure to state a claim (SA) (Entered: 10/04/1994)

RESPONSE by HUMPHREY COHEN in opposition to notice of dismissal in CIVIL 94-709 (ms) (Entered: 10/03/1994)

Deadline updated; set settlement conference for 10:00 10/21/94 (dg) (Entered: 10/11/1994)

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 10/24/94; The following actions were taken, withdrawing [92-1] motion to dismiss pltf. Humphrey Cohen's complaint for failure to state a claim (By Chief Judge Anne E. Thompson) (SA) (Entered: 10/26/1994)

SCHEDULING ORDER setting Status conference 10:00 3/3/95 ; Settlement conference 3:00 12/20/94 ; setting certain discovery deadlines. (signed by Magistrate John J. Hughes)(NM) (SA) (Entered: 12/07/1994)