Case: Hicks v. Moore

Hicks v. Moore, et al

U.S. Court of Appeals for the Eleventh Circuit

COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 247818 (sk) (Entered: 03/15/2002)

Return of service executed 3/20/02 as to Richard D. Moore, Sheriff, Habersham County, Michael Long on original complaint (sk) (Entered: 03/26/2002)

Proposed consent order extending time through 04/20/02 for dfts to answer pla's complaint. (to WCO) (sk)

Added attorney for defendant: Terry Eugene Williams. (sk)

CONSENT ORDER by William C. O'Kelley, extending time through 4/20/02 for dfts to answer [1-1] complaint, Answer due 4/20/02 for Michael Long, for Richard D. Moore (cc) (djh) (Entered: 04/11/2002)

ANSWER by defendants Richard D. Moore, Michael Long to complaint [1-1] Discovery ends 9/19/02; jury demand (sk) (Entered: 04/22/2002)

Preliminary Report and Discovery Schedule. (to WCO) (sk) (Entered: 05/21/2002)

Certificate of interested persons. (sk) (Entered: 05/21/2002)

ENDORSED ORDER by William C. O'Kelley APPROVING [5-1] preliminary report and discovery schedule. (cc by CRD) (sk)

RESPONSES TO INITIAL DISCLOSURES by plaintiff (sk) (Entered: 06/04/2002)

Notice of filing of change of address by plaintiff attorney, Scott D. Delius. (to SE) (sk) (Entered: 06/04/2002)

ANSWERS TO INITIAL DISCLOSURES by dfts. (djh) (Entered: 06/19/2002)

Notice to take deposition of Michael Long by plaintiff. (sk) (Entered: 07/10/2002)

Notice to take deposition of John Taylor by plaintiff. (sk) (Entered: 07/10/2002)

Notice to take deposition of Lisa Ann Rogers by plaintiff (sk) (Entered: 07/25/2002)

Notice to take deposition of Jennie Clouatre by plaintiff (sk) (Entered: 07/25/2002)

Joint MOTION to extend time through 11/22/02 for discovery with proposed order in support. (to WCO) (sk) (Entered: 09/06/2002)

CONSENT ORDER by William C. O'Kelley GRANTING [14-1] joint motion to extend time through 11/22/02 for discovery, Discovery ends 11/22/02 (Approved by the Direction of the Court)(cc by CRD) (sk) Modified on 09/09/2002 (Entered: 09/09/2002)

MOTION by plaintiff for leave to amend complaint with brief and exhibits in support. (sk) (Entered: 09/23/2002)

SUBMITTED to William C. O'Kelley on [16-1] motion for leave to amend complaint (sk)

ORDER by William C. O'Kelley GRANTING [16-1] motion for leave to amend complaint by substituting Jennie Clouatre, Joshua Highfill, John Taylor & Russell Gosnell for the previously unnamed defendants. Additionally, she wishes to add Brian Ausburn and Habersham County as defendants and assert a punitive damages claim against defendant Moore in his individually capacity. (cc) (sk) Modified on 11/13/2002 (Entered: 10/25/2002)

Joint MOTION to extend time through 02/20/03 for discovery with proposed consent order. (to WCO) (sk) (Entered: 10/29/2002)

CONSENT ORDER by William C. O'Kelley GRANTING [18-1] joint motion to extend time through 02/20/03 for discovery, Discovery ends 2/20/03 (cc) (sk) (Entered: 11/06/2002)

Notice by CRD, status conference set for 2:00 P.M. on 12/17/02 . (cc by CRD) (sk) (Entered: 11/13/2002)

AMENDED VERIFIED COMPLAINT for damages and injunctive relief by plaintiff; jury demand (sk) (Entered: 11/13/2002)

Terminated submissions. (sk)

Notice by CRD, status conference set for 2:00 P.M. on 12/19/02 . (cc by CRD) (sk) (Entered: 11/25/2002)

ANSWER to amended complaint [20-1] by Michael Long, Brian Ausburn, Habersham County, GA, Jennie Clouatre, Joshua Highfill, John Taylor, Russell Gosnell; jury demand (sk) (Entered: 11/26/2002)

STATUS CONFERENCE HELD before William C. O'Kelley (djh) (Entered: 12/20/2002)

SUPPLEMENTAL RESPONSES TO INITIAL DISCLOSURES by plaintiff (sk) (Entered: 02/20/2003)

MOTION by plaintiff to permit offer of expert witness, and to extend time 60 days for discovery with brief in support. (sk) (Entered: 02/20/2003)

Attorney appearance for plaintiff Janet M. Hicks by Joseph Matthew Maguire Jr. (sk) (Entered: 02/20/2003)

SUBMITTED to William C. O'Kelley on [26-2] motion to extend time 60 days for discovery, [26-1] motion to permit offer of expert witness (sk)

Response by defendants' to [26-1] motion to permit offer of expert witness, [26-2] motion to extend time 60 days for discovery with memorandum of law in support. (sk) (Entered: 03/10/2003)

ORDER by William C. O'Kelley DENYING [26-1] motion to permit offer of expert witness by Janet M. Hicks, DENYING [26-2] motion to extend time 60 days for discovery by Janet M. Hicks (cc by CRD) (djh) (Entered: 03/20/2003)

Reply Brief by plaintiff in support of [26-1] motion to permit offer of expert witness, [26-2] motion to extend time 60 days for discovery (sk) (Entered: 03/24/2003)

MOTION by defendants to exceed page limitation with brief and proposed order in support. (to WCO) (sk) (Entered: 04/03/2003)

ORDER by William C. O'Kelley GRANTING [31-1] motion to exceed page limitation; allowing dfts up to 45 pages to present their brief in support of motion for sum jgm. (cc by CRD) (sk) (Entered: 04/04/2003)

MOTION by defendants' for summary judgment with brief and statement of material facts to which there exists no genuine issue to be tried in support. (sk) (Entered: 04/08/2003)

Notice of filing by defendant of original discovery (DEPO of Janet Hicks), Errarta sheet for depo of Janet Hicks, and request for filing of original discovery. (sk) Modified on 04/09/2003 (Entered: 04/08/2003)

Deposition of Janet M. Hicks taken for defendants. (sk) (Entered: 04/08/2003)

MOTION by plaintiff to exceed page limitation with brief in support with proposed order. (to WCO) (sk) (Entered: 04/22/2003)

Brief by plaintiff in opposition to [33-1] motion for summary judgment with statement of material facts to which there exists a genuine issue to be tried, and response to defendants' statement of material facts to which there exists no genuine issue to be tried. (sk) (Entered: 04/25/2003)

Notice of filing of original discovery by plaintiff with plaintiff's first request for admissions of Richard D. Moore and plaintiff's first interrogatories to Richard D. Moore in support. (DEPOS of John Taylor, Joshua Highfill, Jeannie Clouatre, Michael Long, Russell Gosnell, Brian Ausburn) (sk) Modified on 04/25/2003 (Entered: 04/25/2003)

Deposition of John Taylor taken for plaintiff (sk) (Entered: 04/25/2003)

Deposition of Joshua Highfill taken for plaintiff (sk) (Entered: 04/25/2003)

Deposition of Jeannie Clouatre taken for plaintiff (sk) (Entered: 04/25/2003)

Deposition of Michael Long taken for plaintiff (sk) (Entered: 04/25/2003)

Deposition of Russell Gosnell taken for plaintiff (sk) (Entered: 04/25/2003)

Deposition of Brian Ausburn taken for plaintiff (sk) (Entered: 04/25/2003)

Proposed consent order by plaintiff. (to WCO) (sk)

ORDER by William C. O'Kelley GRANTING [36-1] motion to exceed page limitation in plaintiff's brief to dfts' motion for sum jgm. (cc by CRD) (sk) (Entered: 04/30/2003)

CONSENT ORDER by William C. O'Kelley GRANTING plaintiff's motion (motion not filed in clerk's office) to rely upon original depositions taken and filed in Marilyn Snyder v. Richard D. Moore, et al, civil action no. 2:01-cv-0181-WCO. (DEPOS of Richard Moore, Josh Highfill, Amanda Allen, Barry Lipsitz)(cc by CRD) (sk) Modified on 10/29/2003 (Entered: 04/30/2003)

SUBMITTED to William C. O'Kelley on [33-1] motion for summary judgment (djh)

Notice of Objection by defendant to plaintiff's [37-1] statement of material facts to which there exists a genuine issue to be tried. (sk) (Entered: 05/12/2003)

Reply Brief by defendants' in support of their [33-1] motion for summary judgment (sk) (Entered: 05/12/2003)

Notice of filing change of firm name by pla's cnsl. (to SE) (djh) (Entered: 06/16/2003)

ORDER by William C. O'Kelley GRANTING IN PART AND DENYING IN PART [33-1] motion for summary judgment by dfts; summary jgm is DENIED as to the 1983 claims against dfts Moore, Gosnell, Ausburn, Highfill & Clouatre; summary jgm is also DENIED as to the claim of assault and battery against dft Highfilli; summary jgm is GRANTED as to all other claims on which dfts have moved for sum jgm. Clerk is DIRECTED to set this case for trial. (cc by CRD) (sk) (Entered: 06/23/2003)

Notice by CRD, jury trial set for 9:30 8/11/03, pretrial conference set for 10:00 8/7/03, pre-trial order due on 7/23/03 . (cc by CRD) (sk) (Entered: 06/30/2003)

NOTICE OF APPEAL by defendants Richard D. Moore, Michael Long, Jennie Clouatre, Joshua Highfill, John Taylor, Russell Gosnell, Brian Ausburn from [50-1] order Appeal information sheet due 8/4/03 (sk) (Entered: 07/21/2003)

Certified copy of notice of appeal, [50-1] order, [33-1] motion, docket to USCA RE: [52-1] appeal (sk)

Appeal fees received FILING FEE $ 105.00 RECEIPT # 323707 RE: [52-1] appeal USCA dkt no. 03-13686-I (sk)

Appeal information sheet RE: [52-1] appeal - USCA dkt # 03-13686-I COR due 8/3/03 (sk) (Entered: 07/24/2003)

Acknowledgment by USCA RE: [52-1] appeal USCA dkt no. 03-13686-I (sk) (Entered: 07/24/2003)

CERTIFICATE OF READINESS of appeal record with certified copy of docket mailed to USCA RE: [52-1] appeal USCA # 03-13686-I (sk)

Notice of filing of change of address of pla counsel. (to SE) (sk) (Entered: 08/18/2003)

USCA acknowledgment of COR RE: [52-1] appeal USCA # 03-13686-I (sk)

1st Supplemental CERTIFICATE OF READINESS of appeal record with certified copy of docket mailed to USCA RE: [52-1] appeal USCA # 03-13686-I (sk)

FORTHWITH LETTER from USCA regarding [52-1] appeal. USCA dkt no. 03-13686-I Appeal record due on 11/8/03. (e-mail) (sk)

Certified and transmitted record to USCA RE: [52-1] appeal USCA dkt no. 03-13686-I. ( 3 vol pleadings, 11 vol depos) (sk)

USCA acknowledgment of ROA RE: [52-1] appeal USCA # 03-13686-I. (sk)

USCA acknowledgment of 1st suppl COR RE: [52-1] appeal USCA # 03-13686-I (djh)

Appeal Record Returned: 52 Notice of Appeal Case Appealed to USCA/11th circuit Case Number 03-13686-II. (11 vol depos, 3 vol pleading) (sk) (Entered: 09/30/2005)

Certified copy of JUDGMENT of USCA AFFIRMING in part, REVERSING in part the decision of the District Court and REMANDING the case re: 52 Notice of Appeal filed by John Taylor, Joshua Highfill, Richard D. Moore, Michael Long, Brian Ausburn, Jennie Clouatre, Russell Gosnell. Case Appealed to USCA/11th Circuit Case Number 03-13686. (sk) (Entered: 10/03/2005)

Appeal Deadlines Terminated (sk)

ORDER making the USCA mandate the judgment of this Court re 52 Notice of Appeal. USCA Appeal Number 03-13686-II. Signed by Judge William C. O'Kelley on 10/7/2005. (djh) (Entered: 10/13/2005)

NOTICE of Hearing: Status Conference set for 11/1/2005 10:00 AM before Judge William C. O'Kelley in the Third Floor Chambers. (dww) (Entered: 10/18/2005)

NOTICE of Voluntary Dismissal With Prejudice filed by Janet M. Hicks (Maguire, Joseph) (Entered: 10/21/2005)

Consent Order of Dismissal with prejudice. Signed by Judge William C. O'Kelley on 10/24/05. (sk) (Entered: 10/24/2005)

Civil Case Terminated. (sk)