Case: Everson v. Michigan Department of Corrections

U.S. Court of Appeals for the Sixth Circuit

Civil Rights Litigation Clearinghouse

COMPLAINT with jury demand - Receipt # 402127 - Date Fee Received: 7/12/00 (cm) (Entered: 07/13/2000)

DEMAND by plaintiffs for jury trial (lg) (Entered: 07/17/2000)

NOTICE by the court of setting civil status conference for 2:00 8/29/00 with proof of mailing (nh) (Entered: 08/04/2000)

ANSWER by defendants to complaint [1-1] with proof of mailing (lg) (Entered: 08/15/2000)

AFFIRMATIVE defenses by defendants (lg) (Entered: 08/15/2000)

AMENDED answer by defendant to complaint [1-1] with proof of mailing (nh) (Entered: 08/17/2000)

AMENDED affirmative defenses by defendants (nh) (Entered: 08/17/2000)

MOTION by Linda Nunn and Tracy Neal to intervene with brief, attachments and proof of mailing (kg) (Entered: 09/11/2000)

ANSWER by intervening defendants Linda Nunn and Tracy Neal to complaint [1-1] with attachments and proof of mailing (kg) (Entered: 09/11/2000)

AFFIRMATIVE defenses by Linda Nunn and Tracy Neal (kg) (Entered: 09/11/2000)

MOTION by defendants MI Dept Corr and Bill Martin for partial summary judgment with brief, affidavit and proof of mailing (kg) (Entered: 09/11/2000)

MOTION by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian for preliminary injunction with affidavits of Roslyn Everson, Stennis George, Lori Sahl, Sean S. Porter, Kenneth W. Heard, Samuel Taylor, Richard Idemudia, Diana L. Staib and Art Morrison in support of motion with brief, exhibits and proof of mailing. (cf) (Entered: 09/25/2000)

NOTICE by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian setting hearing on motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] for 10:00 9/22/00 before Judge Cohn. (cf) (Entered: 09/25/2000)

ADDENDUM by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian to brief in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] with exhibits. (cf) (Entered: 09/25/2000)

AFFIDAVIT of John Runyan in support of plaintiffs' motion for preliminary injunction (document #8) with exhibits. (cf) (Entered: 09/25/2000)

PROOF of service of addendum to brief in support of motion for preliminary injunction, etc. via overnight mail and fax. (cf) (Entered: 09/25/2000)

RESPONSE brief by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian in opposition to motion to intervene [6-1] with attachments and proof of mailing. (cf) (Entered: 09/25/2000)

PROOF of mailing by plaintiffs of motion for preliminary injunction (LS) (Entered: 09/25/2000)

AFFIDAVIT of Cynthia A. Manning in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

AFFIDAVIT of Art Morrison in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

AFFIDAVIT of Wesley Yates in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

AFFIDAVIT of Brenda Webb in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

AFFIDAVIT of Ray Walworth in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

AFFIDAVIT of Phillip A. Dirschell in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

AFFIDAVIT of Stanley G. Johnston in support of motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] (LS) (Entered: 09/25/2000)

MOTION hearing held on motion for preliminary injunction by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [8-1] - disposition: GRANTED - Judge Avern Cohn - Court Reporter: Sheri Ward (jc) (Entered: 10/05/2000)

RESPONSE by defendants MI Dept Corr and Bill Martin to motion for preliminary injunction by plaintiffs [8-1] with proof of mailing (kg) (Entered: 09/26/2000)

PROOF of mailing by plaintiffs of sugned affidavits in support of motion for preliminary injunction (kg) (Entered: 09/26/2000)

RESPONSE by plaintiffs in opposition to motion for partial summary judgment by Bill Martin, MI Dept Corr [7-1] with proof of mailing (cm) (Entered: 09/27/2000)

LETTER by plaintiffs regarding addendum and affidavit omitted from brief in support of motion for preliminary injunction with proof of mailing (cm) (Entered: 09/27/2000)

PROOF of mailing by plaintiffs of letter addressed to the Clerk of the Court, dated 9/26/00 (cm) (Entered: 09/27/2000)

ORDER by Judge Avern Cohn granting leave to file first amended complaint adding Richard Idemudia as plaintiff. [EOD Date 9/28/00] (cf) (Entered: 09/28/2000)

AMENDED complaint (first) by Roslyn Everson, Randy Fox, Stennis George, and Brenda L. Sebastian adding Richard Idemudia as a plaintiff with jury demand. (cf) (Entered: 09/28/2000)

ANSWER by MI Dept Corr and Bill Martin to first amended complaint by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [29-1] with proof of mailing. (cf) (Entered: 09/28/2000)

AFFIRMATIVE defenses by MI Dept Corr and Bill Martin. (cf) (Entered: 09/28/2000)

PROOF of mailing first amended complaint and jury demand. (cf) (Entered: 09/28/2000)

PROOF of mailing of first set of interrogatories. (cf) (Entered: 09/28/2000)

ORDER by Judge Avern Cohn, for temporary restraining order , and setting civil jury trial for 9:00 12/4/00 [EOD Date 9/29/00] (cm) (Entered: 09/29/2000)

PROOF of mailing of plaintiffs' first request for production of documents (lg) (Entered: 10/04/2000)

AFFIDAVIT of James McComb in support of plaintiff's motion for preliminary injunction (lg) (Entered: 10/10/2000)

AFFIDAVIT of Aleta Kibit in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/10/2000)

AFFIDAVIT of Anthony Fisher in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/10/2000)

AFFIDAVIT of Bethany Beauchine in support of plaintiffs' motion for prelimnary injunction (lg) (Entered: 10/10/2000)

AFFIDAVIT of Frank Plodzik in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/10/2000)

PROOF of mailing of pleading #'s 36-40 (lg) (Entered: 10/10/2000)

MOTION by plaintiffs for order to show cause and for judgment of contempt with brief and attachments 1-3 (LS) (Entered: 10/12/2000)

AFFIDAVIT of Frank Plodzik with attachments A-C (LS) (Entered: 10/12/2000)

MOTION by defendants for clarification or modification of temporary restraining order with brief and proof of mailing (LS) (Entered: 10/12/2000)

ORDER by Judge Avern Cohn, for defendants to show cause on 2:00 10/11/00 and setting deadline for response to motion for order to show cause [42-1] and for judgment of contempt by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [42-2] for 10/10/00 at 1:00 pm Date 10/12/00] (LS) (Entered: 10/12/2000)

ORDER by Judge Avern Cohn that the court will not address the issue of qualified immunity at this time, the claim against Martin in his individual capacity will be bifurcated from the case and staying motion for partial summary judgment by Bill Martin [7-1] [EOD Date 10/12/00] (LS) (Entered: 10/12/2000)

RESPONSE in opposition by plaintiffs to motion for clarification or modification of temporary restraining order by Bill Martin, MI Dept Corr [44-1] (LS) (Entered: 10/13/2000)

PROOF of mailing by plaintiffs of brief in opposition to motion for clarification or modification of temporary restraining order (LS) (Entered: 10/17/2000)

PROOF of mailing by defendants of order compelling plaintiff to serve complete and non-evasive response to defendants first set of discovery (LS) (Entered: 10/17/2000)

MOTION hearing held on motion for order to show cause by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [42-1] - disposition: t.u.a. - Judge Avern Cohn - Court Reporter: Carol Sapala (jc) (Entered: 10/12/2000)

RESPONSE in opposition by defendants to motion for order to show cause [42-1], and for judgment of contempt by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [42-2] with brief, attachments 1 and 2 and proof of mailing (LS) (Entered: 10/16/2000)

AFFIDAVIT of Fred Parks (LS) (Entered: 10/16/2000)

PROOF of mailing of the order to show cause and for judgment of contempt with exhibits (LS) (Entered: 10/16/2000)

MEMORANDUM and order by Judge Avern Cohn granting motion to intervene [6-1] by Linda Nunn and Tracy Neal [EOD Date 10/25/00] (LS) (Entered: 10/25/2000)

ERRATA by Judge Avern Cohn that the date of hearing on the temporary restraining order and scheduling filed 9/28/00, changing the hearing date form 9/2/00 to 9/22/00. (LS) (Entered: 10/25/2000)

AFFIDAVIT of Rebecca Thomas in support of plaintiffs motion for preliminary injunction [8-1] (LS) (Entered: 10/19/2000)

MOTION by plaintiffs for order compelling discovery with brief and proof of mailing (LS) Modified on 10/04/2001 (Entered: 10/20/2000)

ORDER by Judge Avern Cohn granting motion for clarification or modification of temporary restraining by Bill Martin, MI Dept Corr [44- 1], denying motion for judgment of contempt by Brenda L. Sebastian, Stennis Randy Fox, Roslyn Everson [42-2] [EOD Date 10/23/00] (lg) (Entered: 10/23/2000)

ORIGINAL affidavit of Sally Langley which was provided as attachment 2 of the brief in support of defendant's opposition to motion for judgment of contempt by Bill Martin, MI Dept Corr [48-1] with proof of mailing (lh) (Entered: 10/26/2000)

ANSWER by intervenor-defendants Linda Nunn and Tracy Neal to first amended complaint by Brenda L. Sebastian, Stennis George, Randy Fox, Roslyn Everson [29-1] (cm) (Entered: 10/30/2000)

AFFIRMATIVE defenses by intervenor-defendants Linda Nunn and Tracy Neal (cm) (Entered: 10/30/2000)

PROOF of mailing of affidavit of Rebecca Thomas in support of plaintiffs' motion for preliminary injunction (lg) (Entered: 10/27/2000)

PROOF of mailing of plaintiff's motion for an order compelling discovery (lg) (Entered: 10/27/2000)

PROOF of mailing of plaintiffs' second request for production of docuemtns to defendant etc. . . (lg) (Entered: 10/27/2000)

MOTION by plaintiff for class determination with brief, notice of hearing and proof of mailing (dp) Modified on 10/04/2001 (Entered: 11/06/2000)

MOTION by plaintiffs for order compelling discovery on plaintiff's second set of interrogatories and first request for production of documents with brief and attachments A-B (cm) Modified on 10/04/2001 (Entered: 11/20/2000)

MOTION by plaintiffs to adjourn trial date with brief (cm) Modified on 10/04/2001 (Entered: 11/20/2000)

PROOF of mailing by plaintiffs of motions for an order to compel and to adjourn trial date (cm) (Entered: 11/20/2000)

RESPONSE by defendants in opposition to motion for class determination by Richard Idemudia, Brenda L. Sebastian, Stennis George, Fox, Roslyn Everson [64-1] with brief and proof of mailing (cm) (Entered: 11/27/2000)

MOTION by plaintiffs for order compelling discovery from intervening defendants with attachments A-B and brief (cm) Modified on 10/04/2001 (Entered: 11/28/2000)

PROOF of mailing by plaintiffs of motion for an order compelling discovery (cm) (Entered: 11/30/2000)

NOTICE by the court of rescheduled civil non-jury trial for 9:00 2/12/01 (cm) (Entered: 11/30/2000)

RESPONSE by intervenor-defendants Linda Nunn and Tracy Neal to motion for order compelling discovery from intervening defendants by Richard Idemudia, Brenda L. Sebastian, Stennis George, Randy Fox and Roslyn Everson [69-1] with brief, exhibits 1-2 and proof of mailing (dp) (Entered: 12/08/2000)

PROOF of mailing by intervenor-defendants Linda Nunn and Tracy Neal of supplemental answers to plaintiff's first set of interrogatories and request for production of documents (dp) (Entered: 12/08/2000)

PROOF of mailing by intervenor-defendants Linda Nunn and Tracy Neal of first set of interrogatories and requests to produce (dp) (Entered: 12/08/2000)

PROOF of mailing by plaintiffs of third interrogatories and third request for production of documents to defendants, second set of interrogatories and second request for production of documents to intervening defendants and supplemental answers to brief to defendants' first set of interrogatories and request for production of documents (dp) (Entered: 12/08/2000)

ORDER by Judge Avern Cohn the issue of damages is bifurcated and discovery relating to it is stayed; jury demand is waived on the issue of liability only [EOD Date 12/14/00] (cm) (Entered: 12/14/2000)

PROOF of mailing answers to discovery (kg) (Entered: 01/29/2001)

PROOF of mailing of amended notices of taking deposition (kg) (Entered: 01/29/2001)

PROOF of mailing of notices of taking deposition (kg) (Entered: 01/29/2001)

MOTION by plaintiffs' for order directing state defendants to proceed first at trial with brief and notice of hearing (date and time not included). (cf) (Entered: 01/16/2001)

PROOF of mailing of motion for order directing state defendants to proceed first at trial, etc.. (cf) (Entered: 01/18/2001)

PROOF of mailing of notice of depositions (kg) (Entered: 01/25/2001)

RESPONSE by Bill Martin, MI Dept Corr to motion for order directing state defendants to proceed first at trial by plaintiffs [77-1] with brief and proof of mailing (kg) (Entered: 01/30/2001)

RESPONSE by Tracy Neal and Linda Nunn to motion for order directing state defendants to proceed first at trial by Roslyn Everson, Randy Fox, Stennis George, Brenda L. Sebastian, Richard Idemudia [77-1] with proof of mailing (kg) (Entered: 01/31/2001)

CORRECTED page 15 to intervening defendant's response in opposition to motion for order (kg) (Entered: 01/31/2001)

ORDER by Judge Avern Cohn denying motion for order directing state defendants to proceed first at trial by Roslyn Everson, Randy Fox, Stennis George, Brenda L. Sebastian, Richard Idemudia [77-1]. [EOD Date 2/2/01] (cf) (Entered: 02/02/2001)

REPLY brief in support by Roslyn Everson to response to motion for order directing state defendants to proceed first at trial by Roslyn Everson, Randy Fox, Stennis George, Brenda L. Sebastian, Richard Idemudia [77-1] with exhibits and proof of mailing (lg) (Entered: 02/06/2001)

ORDER by Judge Avern Cohn with stipulation, for entry of order [EOD Date: 2/7/01] (lg) (Entered: 02/07/2001)

WITNESS list by Tracy Neal and Linda Nunn, with submission of cases and exhibits and proof of mailing (kg) (Entered: 02/08/2001)

MOTION by defendants Bill Martin and MI Dept Corr to dismiss for failure to state a claim upon which relief may be granted with brief and proof of mailing (kg) Modified on 10/04/2001 (Entered: 02/08/2001)

MEMORANDUM (brief) by plaintiffs in opposition to motion to dismiss for failure to state a claim upon which relief may be granted by MI Dept Corr, Bill Martin [90-1] (lg) (Entered: 02/09/2001)

PROOF of mailing of exhibits and plaintiffs' responses to Court's scheduling order of 9/28/00 (lg) (Entered: 02/09/2001)

MOTION and brief by plaintiffs Brenda L. Sebastian, Stennis George, Randy Fox and Roslyn Everson in limine t exclude psychological reports with exhibits and proof of mailing (kg) Modified on 10/04/2001 (Entered: 02/12/2001)

PROOF of mailing of notice of taking depositions (kg) (Entered: 02/12/2001)

PROOF of mailing of notice of taking depositions (kg) (Entered: 02/12/2001)