Case: Marrs v. Cox

Marrs v. Ingram

U.S. Court of Appeals for the Ninth Circuit

ORDER denying pltf's class mot for tro. Defts' mot for a change of place of trial, deferred until the parties file the PTO. ORD granting parties mot for enlargement of time. Disc ext to 12-1-88. Pretrial documents due 1-6- 89. ; setting pretrial conf(1st) for 1:30 1/6/89 ; ORD setting pretrial conf (2nd) for 3:00 1/13/89 ; setting court trial for 9:30 1/17/89 ; setting pretrial order ddl for 12/15/88 Signed 9/14/88 Honorable James A. Redden (former employee) (Entered: 09/28/1988)

MOTION by plaintiff Daniel Uvon Marrs for protective order (noa) (former employee) (Entered: 10/14/1988)

PROTECTIVE ORDER: ORD that defts are prohibited from referring to prosecution any corrections officer, etc in the Malheur Co. correctional Facility (see ord) ntfd Signed 10/12/88 microfilmed 10/14/88 Magistrate Michael R. Hogan (former employee) (Entered: 10/14/1988)

Stip Final Jugmnt -ORD THE defts, etc shall operate the Malheur Co. Corrections Facility as provided in that certain stip partial Jdgmnt ent on 6/9/88 (see judgmnt)s 10/12/88 microfilmed 10/14/88 Magistrate Michael R. Hogan (former employee) (Entered: 10/14/1988)

(former employee) (Entered: 10/17/1988)

Deft's proposed amended judgment (former employee) (Entered: 06/12/1989)

Affidavit of John E. Del Nero (former employee) (Entered: 06/12/1989)

Affirmation of Roy S. Haber (former employee) (Entered: 06/12/1989)

MOTION by plaintiff Daniel Uvon Marrs to punish for contempt-sealed judgment #81 (former employee) (Entered: 06/14/1989)

MOTION by plaintiff Daniel Uvon Marrs to punish for contempt & for further relief #82 (former employee) (Entered: 06/14/1989)

First year report to court on state of compliance and application to extend monitoring. (former employee) (Entered: 06/14/1989)

MOTION by defendants' for entry of supplemental judgment #84 (former employee) (Entered: 06/16/1989)

Factual record in opposition to extension of monitoring and jurisdiction retention. (former employee) (Entered: 06/16/1989)

MOTION by defendants' for leave to file brief in excess of 35 pgs #86 (former employee) (Entered: 06/19/1989)

Affidavit of Marian Strong (former employee) (Entered: 06/19/1989)

Affidavit of Mary L. Werner (former employee) (Entered: 06/19/1989)

Affidavit of Judy Bassett (former employee) (Entered: 06/19/1989)

Affidavit of Roy Castro (former employee) (Entered: 06/19/1989)

Affidavit of Michael T. Walker (former employee) (Entered: 06/19/1989)

Affidavit of Lea Cooper (former employee) (Entered: 06/19/1989)

RECORD OF ord granting deft's motion for leave to file brief in excess of 35 pgs [86-1] ntfd Magistrate George E. Juba (former employee) (Entered: 06/19/1989)

Defts' opposition to pltfs' req. to extend monitoring period and jursdiction retention; o/a req. (former employee) (Entered: 06/19/1989)

Memorandum by defendant in opposition to motion to punish for contempt-sealed judgment [81-1] (former employee) (Entered: 06/21/1989)

Memorandum by plaintiff Daniel Uvon Marrs in support of motion to punish for contempt & for further relief [82-1], of motion to punish for contempt-sealed judgment [81-1] (former employee) (Entered: 07/19/1989)

Supplemental affidavit of Ronald Mallea (former employee) (Entered: 06/30/1989)

MOTION by plaintiffs to enter pltfs proposed judgment submitting new policies & procedures , to strike defts motion to ent supplemental judgment #97 (cpriestley) (Entered: 07/03/1989)

MOT & ORDER that pltfs may submit this reply consisting of 48 pgs. ntfd Signed 7/3/89 Magistrate George E. Juba (former employee) (Entered: 07/05/1989)

Reply by plaintiff Daniel Uvon Marrs to defts' opposit to conduct additional monitoring of 6/9/88 decree; to defts' opposit to pltf mot to punish for contempt reg. security; to defts' opposition to mot to punish (sealed jdgmt); to defts' opposition to monitor new policies. (former employee) (Entered: 07/10/1989)

Affidavit of Mike Walker (former employee) (Entered: 07/13/1989)

Defts' reply to pltfs' mot to strike [97-2] defts' mot to enter supplemental judgment [84-1]. (former employee) (Entered: 07/14/1989)

MOTION by defendants' for leave to file response brief #102 (former employee) (Entered: 07/14/1989)

Defts' response to pltfs' replies. (former employee) (Entered: 07/14/1989)

Affidavit of Lori Shepherd (former employee) (Entered: 07/18/1989)

Supplemental affidavit of David Sarazin (former employee) (Entered: 07/18/1989)

RECORD OF ord granting defts' motion for leave to file response brief [102-1] ntfd Magistrate George E. Juba (former employee) (Entered: 07/20/1989)

Pltfs' opposition to defts' mot for entryof supplemental judgment [84]; reply to defts' opposition to pltfs' mot [971 & 2] to strike defts' mot for entry of supplemental judgement. (former employee) (Entered: 08/07/1989)

Opinion pltf's mot to punish for contempt and further relief is denied. Signed 8/22/89 microfilmed 8/23/89 Honorable James A. Redden ntfd. (former employee) (Entered: 08/23/1989)

ORDER pltfs' mot to punish for contempt (sealed judgment) [81] and mot to punish for contempt and further relief [82] are Denied. ntfd Signed 8/22/89 microfilmed 8/23/89 Honorable James A. Redden (former employee) (Entered: 08/23/1989)

Deft's opposition to pltfs' mot to produce. (former employee) (Entered: 08/24/1989)

MOTION by plaintiff Daniel Uvon Marrs to produce #112 (former employee) (Entered: 08/25/1989)

RECORD OF ord setting issued of pltfs' and defts' proposed amended judgment [77 & 78] and mot by defts' for entry of supplemental judgment [84] for t/oral arg. on 10/3/89 at 1:45pm. ORD granting deft's mot for leave to file additional brief [113]. ntfd Magistrate George E. Juba (former employee) (Entered: 08/31/1989)

Defts' supplemental brief re monitoring extension and judgment. (former employee) (Entered: 09/06/1989)

MOTION by plaintiff Daniel Uvon Marrs for reconsideration & clarification of pltfs' mot to punish for contempt of sealed judgment #116 o/a req. (former employee) (Entered: 09/15/1989)

Notice of appeal by plaintiff Daniel Uvon Marrs from Dist. Court ord filed 8/23/89 [110-2] (former employee) (Entered: 09/22/1989)

No fee paid as granted forma pauperis previously. (former employee) (Entered: 09/22/1989)

Mailed copy of n/a to cnsl and Court of Appeals along with copy of order and docket sheet. (former employee) (Entered: 09/22/1989)

Deft's opposition to pltf's mot for reconsideration and clarification of pltfs' mot to punish for contempt of sealed judgment [116-1] (former employee) (Entered: 09/28/1989)

Second supplemental affidavit of David Sarazin, M.D. (former employee) (Entered: 09/28/1989)

ORDER pltf's mot for reconsideration [116] is Denied but his mot for clarification [116] is Granted. Pltf's mot to produce [112] is Denied. ntfd Signed 10/3/89 microfilmed & eod 10/3/89 Honorable James A. Redden (former employee) (Entered: 10/03/1989)

RECORD OF t/hrg. on pltf's & deft's proposed a/judgment [77 & 78] and mot by defts' for entry of supp. judgment [84]. ORD taking the mots u/advisement. ntfd Magistrate George E. Juba (former employee) (Entered: 10/04/1989)

Text not available. (Entered: 10/04/1989)

Pltf's reply to opposition to mot to reconsider [116]. (former employee) (Entered: 10/05/1989)

Notification by US Court of Appeals for the Ninth Circuit of Docket Number CA 89-35710 (former employee) (Entered: 10/12/1989)

Certified Copy of Order from the US Court of Appeals for the Ninth District [117-1] setting brief schedule: R/T ord due 10/23, transcripts due 11/21, appellants brief 1/8/90 and appelles brief 2/6 with reply w/in 14 days. (former employee) (Entered: 10/12/1989)

No fees pd- granted forma pauperis previously. (former employee) (Entered: 11/02/1989)

Mailed copy of N/A to cnsl and Court of appeals along with copy of ord and docket sheet. (former employee) (Entered: 11/02/1989)

Desingation of reporter's transcript ordering form for appeals [117 & 125] none to be ordered. (former employee) (Entered: 11/14/1989)

Certificate of Record Transmitted to US Court of Appeals for appeals [117 & 125]. (former employee) (Entered: 11/14/1989)

Notification by US Court of Appeals for the Ninth Circuit of Docket Number CA 89-35734 (former employee) (Entered: 11/27/1989)

ORDER both pltfs' [97] and defts' [84] mot to supplement the judgment and pltfs' mot to ext monitoring [83] are Granted in part & Denied in part. Parties are to submit defts supplemental judgment [84], deleting paragraph 11 & substituting pltfs' paragraph 11 from pltfs' supplemental judgment. The remainder of those mots, as well as pltfs' mot for an evidentiary hearing & mot to strike Dr. Sarazin's supplemental affidavit are Denied. ntfd Signed 12/7/89 microfilmed & eod 12/8/89 Magistrate George E. Juba (former employee) (Entered: 12/08/1989)

Certified Copy of Order from the US Court of Appeals for the Ninth District re appeal CA 89-357l0-court received letter dated 10/23 re appeal dated 9/21. Appears letter is w/out jurisdiction. Unless appellant objects w/in 14 days-the court will construe appellants letter as a voluntary dism of appeal 89-357l0. (former employee) (Entered: 12/15/1989)

Objections by defendants' to order of 12/7/89 [128-2] (former employee) (Entered: 12/20/1989)

RECORD OF ord pursuant to FRCP 60(a) the court changes lines 20-22 of page 6 of its order 12/8/89 to read as follows: Therefore, this court shall retain jurisdiction an additional seven months, until 1/9/90, to ensure defts comply with the new supplemental judgment. ntfd Magistrate George E. Juba (former employee) Modified on 12/27/1989 (Entered: 12/27/1989)

Pltf's response to defts' objs [130] to F/R (ord) [128]. (former employee) (Entered: 01/04/1990)

SUPPLEMENTAL JUDGMENT that the stip. partial judgment is amended -exh A is subst. for existing pgs 23-42 of appendix 7 of the stip. partial judgment (pages 86-105). Defts shall provide each corrections officer on duty with a portable 2 way radio to facilitate communication between the clerk-dispatcher & the corrections officers w/in the Malheur County Correctional Facility. Defts are relieved from the req. to make a filing/typing clerk available to use at the Malheur County Correctional Facility (the last 3 hrs of Malheur County's business day, 5 days a week) .Exh.B-MCCF Policy & Procedurals Manual is filed in satisfaction of the obligation of defts under paragraph 40(h) of stip. final judgment. Exh. C MCCF Mental Health Care Report is substituted. Exhs D & E are filed. Court shall retaim jurisdiction for an add. 7 months over medical- related issues & compliance with new policies. Pltf's shall monitor for an add 7 months, through & until 1/9/90 & report to court if additional time is necessary. Court will then decide on whether to continue its active jurisdiction.(see file) ntfd Signed 1/8/90 microfilmed & eod 1/8/90 Honorable James A. Redden (former employee) (Entered: 01/08/1990)

Notice of appeal by plaintiff from Dist. Court supplemental judgment of 1/8/90 [133-2] (former employee) (Entered: 02/06/1990)

No fee pd- previously granted forma pauperis. (former employee) (Entered: 02/06/1990)

Mailed copy of Notice of Appeal to cnsl & to US Court of Appeals for the Ninth Circuit along with copy of judgment and updated copy of docket sheet. (former employee) (Entered: 02/06/1990)

Certificate of Record Transmitted to US Court of Appeals for the Ninth Circuit for the appeal filed 2/5/90. (former employee) (Entered: 02/06/1990)

MOTION by defendants' for order directing submission of report #135 (former employee) Modified on 03/07/1990 (Entered: 03/01/1990)

RECORD OF ord setting deft's motion for order directing submission of report [135-1] on m/c of 3/19/90 (noa). ORD pltf's response to be filed 3/12 and defts' reply to be filed by 3/15. Pltf to expedite service of response to deft counsel. ntfd Magistrate George E. Juba. (former employee) (Entered: 03/07/1990)

Response by plaintiff to motion for order directing submission of report [135-1] (former employee) (Entered: 03/09/1990)

Reply by defendant to memorandum in opposition motion for order directing submission of report [135-1] (former employee) (Entered: 03/16/1990)

ORDER granting defts' motion for order directing submission of report [135-1] ntfd e/3/21/90, Signed 3/21/90 Magistrate George E. Juba (former employee) (Entered: 03/21/1990)

Clerk's record on appeal transmitted to US Court of Appeals for the Ninth Circuit,, (former employee) (Entered: 03/21/1990)

MANDATE/JUDGMENT from USCA reversing decision of the District Court [Appeals [134-1] [125-1] [117-1]; memo says reverse & remand to D/C. Pltfs are entitled to attys fees as prevailing parties on this appeal. (former employee) (Entered: 06/10/1991)

UTILITY EVENT: Reopens case see mandate #140 (former employee) (Entered: 06/19/1991)

RECORD OF t/status conf. ORD setting t/conf for 9/23/91 at 10am. If final papers are filed before that date, the call will be cancelled. , ntfd Magistrate George E. Juba (former employee) (Entered: 07/22/1991)

RECORD OF granting deft's letter req of 9/9/91 to reset tel status conf. Order - striking the status conf 9/9/91 and resetting for a tel conf call before 11/18/91 at 10:30am. Magistrate George E. Juba (cpriestley) (Entered: 09/12/1991)

RECORD OF Tel conf call. Order - setting another tel conf call before Judge Juba 1/21/91 at 10:00am. , ntfd Magistrate George E. Juba (cpriestley) (Entered: 11/20/1991)

RECORD OF TELEPHONE CONF.: ORDER: Setting another Tele. Conf. call before Judge Juba, Mon., 2/24/92, at 10:00AM. The Ct. will initiate the call. ntfd Magistrate George E. Juba (former employee) (Entered: 01/22/1992)

Psychologists REPORT of 10/11/92 [146-1] (cpriestley) (Entered: 02/18/1992)

RECORD OF setting another tel conf 3/9/92 at 10:00a.m , ntfd Magistrate George E. Juba Court Rptr none (cpriestley) (Entered: 02/26/1992)

RECORD OF Order - Granting pltf req to reset status hrg. Order - resetting tel hrg 3/9/92 to 4/13/92 at 10:00am. , ntfd Magistrate George E. Juba (cpriestley) (Entered: 03/09/1992)

MOTION by defendant Malheur County for order terminating procudures under sealed portion of judgment (cpriestley) (Entered: 03/11/1992)

RECORD OF - setting defts' motion for order terminating procudures under sealed portion of judgment #149, for tel oral argument 4/13/92 at 10:00am. ntfd Magistrate George E. Juba (cpriestley) (Entered: 03/16/1992)

MOTION by Daniel Uvon Marrs for relief response to defts motion for order terminating proceedings (cpriestley) (Entered: 04/14/1992)

RECORD OF ;status hearing set 10:00 4/20/92 , ntfd Magistrate George E. Juba Court Rptr Ann Moore (cpriestley) (Entered: 04/14/1992)

RECORD OF granting motion for order terminating procudures under sealed portion of judgment [149-1] ntfd setting motion for relief response to defts motion for order terminating proceedings [151-1] 5/18/92. ntfd Magistrate George E. Juba (cpriestley) (Entered: 04/22/1992)

Memorandum by defendant Malheur County in opposition to motion for relief response to defts motion for order terminating proceedings [151-1] (cpriestley) (Entered: 04/22/1992)

AFFIDAVIT of George Bruner re motion response [153-1] (cpriestley) (Entered: 04/22/1992)

REPLY brief by pltfs; motion for further relief. o/a/ req (cpriestley) (Entered: 04/28/1992)

RECORD OF re- setting motion for relief response to defts motion for order terminating proceedings [151-1] 5/18/92 at 1:30pm ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/04/1992)

Supplmental Memorandum re further relief by defendants. (cpriestley) (Entered: 05/04/1992)

AFFIDAVIT of Douglas Andres re memorandum [158-1] (cpriestley) (Entered: 05/04/1992)

RECORD OF taking under advisement on 5/18/92 motion for relief response to defts motion for order terminating proceedings [151-1] ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/19/1992)

FINDINGS AND RECOMMENDATION [to] concerning motion for relief should be denied. [151-1] Magistrate George E. Juba signed 5/20/92 ntfd (cpriestley) (Entered: 05/21/1992)

MOTION by plaintiff Daniel Uvon Marrs for attorney fees (cpriestley) (Entered: 05/26/1992)

RECORD OF setting motion for attorney fees [162-1] 6/29/92 (noa) ntfd Magistrate George E. Juba (cpriestley) (Entered: 05/29/1992)

OBJECTIONS by defendants to pltfs attorney fee motion. (cpriestley) (Entered: 06/04/1992)