Case: Kelly v. Foti

Kelly v. Foti, et al.

Kelly v. Foti, et al.

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fifth Circuit

COMPLAINT with demand for jury trial ( 2 summons(es) issued ) (nn) (Entered: 10/18/1993)

Payment of filing fee by plaintiff Jack G Kelly in amount of $ 120.00 (nn) (Entered: 10/18/1993)

RETURN OF SERVICE of S&C executed upon defendant Charles C Foti Jr on 10/21/93 (nn) (Entered: 10/22/1993)

Motion by defendant Charles C Foti Jr and ORDER extending time by an additional 20 day to answer pla's original cmp by Judge Martin L. Feldman Date Signed: 11/2/93 (nn) Modified on 11/03/1993 (Entered: 11/03/1993)

Motion by defendant Charles C Foti Jr and ORDER extending time by an additional 20 days to respond to pla's disc propounded on 10/18/93 by Judge Martin L. Feldman Date Signed: 11/2/93 (nn) (Entered: 11/03/1993)

ANSWER by defendant New Orleans City to original complaint by plaintiff Jack G Kelly [1-1] (nn) (Entered: 11/15/1993)

Motion by defendant Charles C Foti Jr and ORDER extending time by an additional 10 days or until 12/7/93 to respond to pla's disc propounded on 10/18/93 by Judge A. J. McNamara Date Signed: 11/30/93 (nn) (Entered: 12/01/1993)

Motion by defendant Charles C Foti Jr and ORDER extending time by an additional 10 days or until 12/7/93 to answer pla's original cmp by Judge A. J. McNamara Date Signed: 11/30/93 (nn) (Entered: 12/01/1993)

ANSWER & DEFENSES by dft Charles C Foti Jr to complaint by plaintiff Jack G Kelly [1-1] (jlb) (Entered: 12/09/1993)

NOTICE/ORDER that a preliminary conference is scheduled before courtroom deputy at 2:45 2/3/94 (jlb) (Entered: 01/07/1994)

MINUTE ENTRY ( 2/3/94): Preliminary Conference held this date; amendments due 3/3/94 ; pretrial conf set 1:30 10/4/94 ; jury trial set 9:00 10/24/94 ; by Judge Martin L. Feldman (nn) (Entered: 02/09/1994)

MINUTE ENTRY( 3/17/94): Case reassigned to Judge Ginger Berrigan by Judge Martin L. Feldman (kh) (Entered: 03/17/1994)

Notice of Deposition by defendant Charles C Foti Jr of Ms Jack G Kelly on 4/15/94 (nn) (Entered: 03/18/1994)

ORDER: By 4/4/94, counsel shall notify the court of the following: special priority cases, moot motions, waiver of oral argument with briefs due 4/8/94. by Judge Ginger Berrigan (ctp) (Entered: 03/30/1994)

MINUTE ENTRY: A status conference is scheduled before Mag. Wynne at 3:00 4/22/94 by Magistrate Michaelle P. Wynne (sw) (Entered: 04/01/1994)

ORDER that trial dates previously set for 8/1/94 or thereafter are reset: Pre-Trial Conference is reset for 8:30 on 10/4/94 ; jury trial is reset for 10:00 on 10/24/94 by Judge Ginger Berrigan. (dp) (Entered: 04/05/1994)

ORDER temporarily reallotting case to Mag Judge 3. (sup) (Entered: 04/22/1994)

MOTION by defendant Charles C Foti Jr for summary judgment to be heard before Judge Berrigan at 9:30 9/7/94 (kh) (Entered: 07/22/1994)

Motion by plaintiff Jack G Kelly and ORDER withdrawing attorney Raymond Peter Ward, attorney Jack M. Alltmont and substituting attorney Michael Richard Allweiss, Ellen Widen Kessler, Judith Ann Kaufman by Judge Ginger Berrigan Date Signed: 7/27/94 (kh) (Entered: 07/29/1994)

Witness & exhibit list submitted by defendant Charles C Foti Jr (kc) (Entered: 08/05/1994)

MOTION by plaintiff Jack G Kelly to continue trial & hrg on Foti's mtn for sum jgm referred to Magistrate Lance M. Africk at 9:30 8/24/94 (kh) (Entered: 08/09/1994)

Motion by defendant New Orleans City and ORDER withdrawing attorney Reginald James Laurent by Judge Ginger Berrigan Date Signed: 8/26/94 (kh) (Entered: 09/01/1994)

MINUTE ENTRY ( 8/26/94): Preliminary Conference held; amendments due w/in 30 days ; pretrial conf set 8:30 2/1/95 & jury trial set 10:00 2/13/95 bfr Judge; by Clerk for Judge Ginger Berrigan (kc) (Entered: 08/31/1994)

MINUTE ENTRY( 8/26/94): status conference held this date. ORDER granting pla's motion to continue trial. Hrg on Foti's mtn for sum jgm [22-1], [18-1] is RESET to 9:30 10/5/94 . Pre-Trial Conference reset to 8:30 2/1/95; jury trial reset to 10:00 2/13/95 . Opps to dft's mtn due by 9/20/94 at 5:00 p.m. Dft to file any response by 9/27/94 at 5:00 p.m. by Judge Ginger Berrigan (kh) (Entered: 09/01/1994)

Motion by defendant Charles C Foti Jr and ORDER that its motion for summary judgment [18-1] is cont from 10/5/94 to 11/2/94 at 9:30 am; Pla is allowed until 10/4/94 5:00 pm to file cross-mtns, mtn and/or opp relating to dft Sheriff Foti's mtn for sum jgm & that dft Sheriff Foti be allowed until 10/24/94 at 5:00 pm to file any opp to any cross-mtn or mtn filed by pla by Judge Ginger Berrigan Date Signed: 9/22/94 (gw) (Entered: 09/23/1994)

Motion by defendant New Orleans City and ORDER for appearance of counsel Joseph Vincent Di Rosa Jr. by Judge Ginger Berrigan Date Signed: 9/28/94 (kh) (Entered: 09/30/1994)

Memo in opposition by plaintiff Jack G Kelly to motion for summary judgment [18-1] filed by defendant Charles C Foti Jr & in support of cross motion for summary judgment (kc) (Entered: 10/04/1994)

MOTION by plaintiff Jack G Kelly for summary judgment to be heard before Judgfe Berrigan at 9:30 11/2/94 (kh) (Entered: 10/05/1994)

Motion by plaintiff Jack G Kelly and ORDER dismissing stip claims from her cmp, w/o prej by Judge Ginger Berrigan Date Signed: 10/11/94 (kh) (Entered: 10/13/1994)

Memo in opposition by defendant Charles C Foti Jr, defendant New Orleans City to motion for summary judgment [29-1] filed by plaintiff Jack G Kelly (kc) (Entered: 10/31/1994)

Motion by defendant Charles C Foti Jr and ORDER for leave to file resp to pla's statement of uncontested facts by Judge Ginger Berrigan Date Signed: 11/2/94 (kh) (Entered: 11/04/1994)

MINUTE ENTRY( 11/1/94): that the motion of Kelly for summary judgment [29-1], the motion of Foti for summary judgment [18-1] which were set for hrg 11/2/94 will be considered on the briefs by Judge Ginger Berrigan (kh) (Entered: 11/03/1994)

Response by defendant Charles C Foti Jr to pla's statement of uncontested facts in opp to pla's mtn for sum jmg (kh) (Entered: 11/04/1994)

Motion by plaintiff Jack G Kelly and ORDER for leave to file reply memo by Judge Ginger Berrigan (kh) (Entered: 11/08/1994)

Reply by plaintiff Jack G Kelly to dft's opp response to motion for summary judgment [29-1] (kh) (Entered: 11/08/1994)

ORDER & REASONS denying pla & Foti's motions for summary judgment [29-1], [18-1] by Judge Ginger Berrigan Date Signed: 11/22/94 (kh) (Entered: 11/23/1994)

Notice of appeal by defendant Charles C Foti Jr from Dist. Court decision order of 11/23/94 (kh) (Entered: 12/02/1994)

Motion by plaintiff Jack G Kelly and ORDER that all deadlines are cont w/o date by Judge Ginger Berrigan Date Signed: 12/5/94 (gw) (Entered: 12/05/1994)

Payment of fee by defendant Charles C Foti Jr in amount of $ 105.00 (kh) (Entered: 12/07/1994)

Appeal No. 94-30685 Record on Appeal sent to Circuit Court (kh) (Entered: 12/22/1994)

ORDER to dismiss case statistically by Judge Ginger Berrigan ....CASE CLOSED.... (kh) (Entered: 02/09/1995)

Transmitted supplemental record on appeal to USCA, Appeal No. 94-30685 Orig dktd 3/14/95 (kh) (Entered: 04/13/1995)

Transmitted supplemental record on appeal to USCA, Doc. 18 Appeal No. 94-30685 Orig dktd 3/8/95 (kh) Modified on 04/13/1995 (Entered: 04/13/1995)

ORDER from Court of Appeals: Denying appellant Foti's mtn for leave to file suggestion for rehearing en banc out of time Signed Jerry E. Smith U.S. Circuit Judge (kh) Modified on 04/19/1996 (Entered: 04/19/1996)

Judgment from Court of Appeals affirming the decision of the District Court [38-1] in re: Court's denial of sum jgm as to Kelly's 4th amd strip search claim; the appeal as to Kelly's other claims is Dismissed & the cause is REMANDED to the Dist Court for further proceedings in accordance w/opinion of this Court. Further Ordered that dft-apellant pay to pla-appellee costs on appeal as stip Issued as mandate on 3/27/96 (kh) (Entered: 04/19/1996)

ORDER from Court of Appeals: Recalling & staying the jgm issued 3/27/96,Doc. 42, Appeal No. 94-30685. FURTHER ORDERED that appellant Foti's mtn for reconsideration of the order entered 3/27/96, denying appellant's mtn for leave to file suggestion for rehearing en banc out of time, treated also as a mtn to recall & stay issuance of the mandate is GRANTED. (kh) (Entered: 04/19/1996)

Judgment from Court of Appeals Affirming in part & Dismissing in part pla's appea; matter remanded to district court for further proceedings as stip; Issued as mandate on 5/7/96 (kh) (Entered: 05/09/1996)

Record on appeal returned from U.S. Court of Appeals (kh) (Entered: 05/09/1996)

NOTICE that a preliminary conference is scheduled by telephone before courtroom deputy at 11:00 6/25/96 by Clerk (kc) (Entered: 06/05/1996)

MINUTE ENTRY ( 6/25/96): Preliminary Conference held; amendments due w/in 30 days ; pretrial conf set 9:30 1/23/97, jury-trial set 10:00 2/3/97 and status conference set 9:30 7/9/96 bfr Judge; by Clerk (kc) (Entered: 06/25/1996)

MOTION by plaintiff Jack G Kelly to renew mtn for sum jgm to be heard before Judge Berrigan at 9:30 7/24/96 (kh) (Entered: 07/09/1996)

MOTION by plaintiff Jack G Kelly to compel resp to disc req of dft referred to Magistrate Lance M. Africk at 9:00 7/24/96 (kh) (Entered: 07/09/1996)

MINUTE ENTRY( 7/10/96): Settlement conference is scheduled for 2:00 7/23/96 bfr Magistrate Judge Africk; parties shall submit in-camera letter/memo setting forth their settlement positions by 7/18/96 by Magistrate Lance M. Africk (tbl) (Entered: 07/11/1996)

MINUTE ENTRY( 7/18/96):ORDER that the motion of Kelly to renew mtn for sum jgm [47-1] prev set for hrg 7/24/96 will be considered on briefs & is submitted by Judge Ginger Berrigan (kh) (Entered: 07/18/1996)

MINUTE ENTRY( 7/18/96): Hrg on mtn. ORDER GRANTING pla's motion to compel resp to disc req of dft [48-1]. Sheriff Foti to respond to pla's disc by 7/26/96. FURTHER ORDERED that pla's mtn to recover costs & atty's fees is DENIED by Magistrate Lance M. Africk (kh) (Entered: 07/19/1996)

Memo in opposition by defendant Charles C Foti Jr to motion to renew mtn for sum jgm [47-1] filed by plaintiff Jack G Kelly (kc) (Entered: 07/23/1996)

Motion by defendant Charles C Foti Jr and ORDER Denying as MOOT exp hrg on mtn for recons of mtn to compel. Mtn prev granted by Magistrate Lance M. Africk Date Signed: 7/23/96 (kh) (Entered: 07/24/1996)

MINUTE ENTRY( 7/22/96): Hrg on Mtn. ORDER RESCINDING the court's M.E. of 7/18/96 granting pla's mtn to compel. [51-1] FURTHER ORDER Re-setting pla's motion to compel resp to disc req of dft [48-1] at 9:00 8/7/96. Suppl memoranda due by 7/31/96 by Magistrate Lance M. Africk (kh) (Entered: 07/24/1996)

MINUTE ENTRY( 7/25/96): Settlement conference held 2:00 7/23/96 . Pla's counsel to notify Courty as to status of negotations by 7/29/96 by Magistrate Lance M. Africk (kh) (Entered: 07/26/1996)

Motion by plaintiff Jack G Kelly and ORDER for leave to file reply memo in re: pla's mtn to renew mtn for sum jgm by Judge Ginger Berrigan Date Signed: 7/26/96 (kh) (Entered: 07/30/1996)

Reply by plaintiff Jack G Kelly to opp response of dfts to motion to renew mtn for sum jgm [47-1] (kh) (Entered: 07/30/1996)

Motion by plaintiff Jack G Kelly and ORDER for leave to file reply to memo in opp to mtn to compel by Magistrate Lance M. Africk Date Signed: 7/31/96 (kh) (Entered: 08/01/1996)

MINUTE ENTRY( 7/31/96): Settlement negotiations are still ongoing. Pla's counsel to forward a summary of atty fee rates, etc to defense counsel w/in 1 week. Defense counsel to notify court as to status of settlement negotations by 8/12/96 by Magistrate Lance M. Africk (kh) (Entered: 08/01/1996)

Reply by plaintiff Jack G Kelly to Foti's response to motion for reconsideration of ruling on pla's mtn to compel [54-1] (kh) (Entered: 08/01/1996)

Memorandum by defendant Charles C Foti Jr in opposition to plaintiff's motion to compel (kc) (Entered: 08/01/1996)

MINUTE ENTRY( 8/1/96):ORDER re-setting pla's motion for reconsideration of ruling on pla's mtn to compel [54-1] at 9:00 8/21/96 by Magistrate Lance M. Africk (kh) (Entered: 08/02/1996)

MINUTE ENTRY( 8/9/96): Settlement negotiations are still ongoing. Plas' counsel to notify court by 8/19/96 as to status of settlement negotations by Magistrate Lance M. Africk (kh) Modified on 08/23/1996 (Entered: 08/12/1996)

MINUTE ENTRY( 8/1/96): ORDER re-setting pla's motion for reconsideration of ruling on pla's mtn to compel [54-1] at 9:00 9/4/96 by Magistrate Lance M. Africk (kh) (Entered: 08/20/1996)

Letter to court from counsel Kathy Torregano in re: removal from mailing list (kh) (Entered: 08/27/1996)

MINUTE ENTRY( 8/29/096): Undersigned Mag has been informed that ptys have settled this matter. Dist Judge notified by Magistrate Lance M. Africk (kh) (Entered: 09/04/1996)

60 DAY ORDER to dismiss case w/o costs & w/o prej by Judge Ginger Berrigan....CASE CLOSED.... (kh) (Entered: 09/05/1996)

Mail Returned [45-1] order addressed to counsel for plaintiff Jack G Kelly, Gerald Martinez. Remailed 4/2/97 (kh) (Entered: 04/02/1997)