Case: Moore v. Rees

Moore v. Rees

Kentucky state trial court

Moore v. Rees

Moore v. Rees

Bowling v. Kentucky Department of Corrections

Kentucky state trial court

COMPLAINT 4 summons(es)issued with copy , filed by Brian Keith Moore. (Attachments: # 1 Remaining Pages of Complaint 59−63# 2 Exhibit to Complaint − Grievance Rejection Notice &Inmate Grievance Form# 3 Memorandum in Support of Complaint re Lethal Injunctions − Part 1 ( Exhibits to Memo not Scanned on file in Fkt Clerk's Ofc)# 4 Memorandum in Support of Complaint re Lethal Injections Part 2( Exhibits to Memo not Scanned on file in Clerk's Ofc)# 5 Memorandum in Support of Complaint re Execution ( Exhibits to Memo not Scanned on file in Clerk's Ofc)# 6 Cover Sheet, Case Assignment &Summonses)(CBD) (Entered: 04/19/2006)

MOTION for Leave to Proceed in forma pauperis by Brian Keith Moore (Attachments: # 1 Certification of Funds# 2 Proposed Order)(CBD) (Entered: 04/19/2006)

NOTICE of Appearance of David Barron, counsel for by Brian Keith Moore (CBD) (Entered: 04/19/2006)

NOTICE of Appearance by Susan Jackson Balliet on behalf of Brian Keith Moore (CBD) (Entered: 04/19/2006)

MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction Barring Defendants from Scheduling and Carrying Out Plaintiffs' Execution During the pendency of this Litigation and Consolidated Memorandum in Support by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/19/2006)

MOTION for Immediate Scheduling Conference Under Rule 16 pf FRCP (for Hearing) by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/19/2006)

MOTION for Order to Prohibit Defendants from conducting any physical examination of plaintiff for discovery purposes or in futherance of the Kentucky Department of Corrections' Execution Procedures and Consolidated Supporting Memo by Brian Keith Moore (Attachments: # 1 USDC SC Order dated 3/5/2004# 2 Proposed Order)(CBD) (Entered: 04/19/2006)

MOTION for Order to dispense with FRCP 26(f) Conference by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/19/2006)

MOTION to Permit Discovery prior to FRCP 26(f) Conference and for Expedited Discovery by Brian Keith Moore (Attachments: # 1 Interrogatories# 2 Request for Entry Upon Land for Inspection# 3 First Request for Production of Documents# 4 Notice of Individuals Plaintiff Intends to Depose and Intended Scope of Depositions# 5 Proposed Order)(CBD) (Entered: 04/19/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 6 MOTION for Hearing by Brian Keith Moore, 2 MOTION for Leave to Proceed in forma pauperis by Brian Keith Moore, 5 MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore (CBD) (Entered:

Clerk's Note: Court Copy sent to Chambers and SKV notified re Capital Case. (CBD) (Entered: 04/19/2006)

MOTION (for Order) to Disqualify Hon. Jeffrey Middendorf from representing any present or future defendants in this action by Brian Keith Moore (Attachments: # 1 Document outlining Duration of Effect of the Lethal Injection Chemicals# 2 Proposed Order)(CBD) (Entered: 04/20/2006)

SUMMONS Returned Executed by Brian Keith Moore via service on Hon David Smith, Asst. Attorney General as to Ernie Fletcher served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

SUMMONS Returned Executed by Brian Keith Moore via service upon David Smith, Asst. Attorney General, as to Scott Haas served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

SUMMONS Returned Executed by Brian Keith Moore via service upon Hon. David Smith, Asst. Attorney General, as to Thomas Simpson served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

SUMMONS Returned Executed by Brian Keith Moore via service upon Hon. David Smith, Asst. Attorney General, as to John D. Rees served on 4/19/2006, answer due 5/9/2006. (CBD) (Entered: 04/20/2006)

NOTICE of Appearance by Marguerite Neill Thomas on behalf of Brian Keith Moore (CBD) (Entered: 04/21/2006)

EMERGENCY MOTION for Argument on 5] MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore 6 MOTION for Hearing by Brian Keith Moore, 8 MOTION for Order by Brian Keith Moore, 9 MOTION to Expedite by Brian Keith Moore, 7 MOTION for Order by Brian Keith Moore, 10 MOTION for Order by Brian Keith Moore, [MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/21/2006)

EMERGENCY MOTION for Order to allow discovery to begin immediately and to shorten the amount of time defendants have to respond to discovery requests by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/21/2006)

MOTION for Order to shorten time for defendants to file a responsive pleading to the complaint by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 04/21/2006)

MOTION for Disclosure of the Kentucky Department of Corrections' Execution Protocol by Brian Keith Moore (Attachments: # 1 Proposed Order # 2 Exhibit 1 − Dfts' Response to Open Records Request# 3 Exhibit 2 − Breakdown of States w/ Public or Private Lethal Injection Protocols# 4 Exhibit 3 − California State Prison − San Quentin Operational Procedure# 5 Exhibit 4 − Georgia Dept of Corrections − Lethal Injection Procedure# 6 Exhibit 5 − Maryland Execution Operations Manual# 7 Exhibit 6 − South Carolina Execution Procedures)(CBD) (Entered: 04/21/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 18 MOTION for Order to shorten time dfts have to answer by Brian Keith Moore, 17 MOTION for Order by Brian Keith Moore, 16 Emergency MOTION for Hearing (CBD) (Entered: 04/21/2006)

DEFICIENCY ORDER: 1. Current application to proceed ifp 2 denied without prejudice 2) Clerk mark assigned forms w/ case number and send to counsel for plaintiff 3. pltf required to pay filing fee 4. pla on notice that failure to submit forms or pay fee w/in 30 days district court must a. presume prisoner not pauper &b. order case dismissed for want of prosecution; &not reinstated; 5. upon payment of filing fee or filing of affidavit or expiration of 40 days return record to PSLC.. Signed by Judge Karen K. Caldwell. (Attachments: # 1 Form 122 Affidavit of Assets/IFP)(CBD)cc: COR w/ Form 122 (Entered: 04/25/2006)

NOTICE OF FILING OF COURT SUPPLIED AFFIDAVIT OF ASSETS FOR APPLICATION TO PROCEED IN FORMA PAUPERIS by Brian Keith Moore (Afidavit filed seperately as DE 22) (CBD) (Entered: 04/27/2006)

AFFIDAVIT/MOTION OF ASSETS FOR APPLICATION TO PROCEED IN FORMA PAUPERIS by Brian Keith Moore (CBD) (Entered: 04/27/2006)

AMENDED MOTION to Disqualify Counsel, Hon. Jeffrey Middendorf, by Brian Keith Moore (Attachments: # 1 Exhibit − Duration of Effect of Lethal Injection Chemicals and Reversal Chemicals# 2 Proposed Order)(CBD) (Entered: 04/27/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 22 MOTION for Leave to Proceed in forma pauperis by Brian Keith Moore (CBD) (Entered: 04/27/2006)

NOTICE OF FILING OF SUPPLEMENTAL AUTHORITY by Brian Keith Moore re 5 MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore, 1 Complaint (Attachments: # 1 2:04−cv−1156 GLF Cooey and Hill v. Taft (S.D. Ohio 4/28/2006))(CBD) (Entered: 05/01/2006)

SECOND NOTICE OF SUPPLEMENTAL INFORMATION by Brian Keith Moore re 1 Complaint. (Attachments: # 1 Newspaper Articles describing Joseph Lewis Clark's execution)(CBD) (Entered: 05/03/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 7 MOTION for Order by Brian Keith Moore, 8 MOTION for Order by Brian Keith Moore, 9 MOTION to Expedite by Brian Keith Moore, 10 MOTION for Order by Brian Keith Moore (AKR) (Entered: 05/08/2006)

MOTION for Default Judgment by Brian Keith Moore (Attachments: # 1 Memorandum in Support # 2 Exhibit 1 − Letter requesting an execution warrant# 3 Exhibit 2 − Summonses including return of service portion on 4/19/2006# 4 Exhibit 3 − Ddls/hearings entry from electronic filing system for this case# 5 Proposed Order)(CBD) (Entered: 05/12/2006)

ORDER: 1) Moore's ifp motion 22 GRANTED 2−6) Directing Monthly Payments be made from Prison Account of Brian Keith Moore 7) Clerk serve copy upon Jailer/Warden of Institution in which prisoner confined and Office of General Counsel, Dept. of Corrections, Fkt KY. Signed by Judge Karen K. Caldwell. (CBD)cc: COR, Finance, Ofc of Gen Counsel Dept of Corrections, Warden KSP (Entered: 05/15/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 19 MOTION for Disclosure by Brian Keith Moore, 23 MOTION to Disqualify Counsel by Brian Keith Moore (CBD) (Entered: 05/17/2006)

NOTICE OF APPEARANCE of Attorneys by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher.(Harris−Ray, Holly) (Entered: 05/26/2006)

RESPONSE in Opposition re 26 MOTION for Default Judgment by Brian Keith Moore and Motion for Briefing Schedule filed by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher. (Attachments: # 1 Proposed Order Denying motion for default judgment and establishing scheduling order)(Harris−Ray, Holly) (Entered: 05/26/2006)

MOTION For Briefing Schedule by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher (Attachments: # 1 Proposed Order)(AKR) (Entered: 05/30/2006)

NOTICE OF DOCKET MODIFICATION TO H. Harris−Ray re 29 Response in Opposition to Motion ; Error: This is a Response to Motion for Default Judgment AND a Motion for Briefing Schedule. The attorney has only filed the pleading as a Response. Document should have been filed as two separate pleadings; Entry made by attorney; Correction: Clerk has re−filed the pleading as a Motion for Briefing Schedule 30 . In the future when filing multiple pleadings within one filing, please refer to the ECF Manual "Filing Other Types of Documents" for the correct procedure; No further steps required by counsel. cc: COR (AKR) (Entered: 05/30/2006)

NOTICE OF WITHDRAWAL OF MOTION FOR DEFAULT JUDGMENT 26 by Brian Keith Moore (AKR) (Entered: 05/31/2006)

RESPONSE in Opposition re 30 MOTION For Briefing Schedule by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher filed by Brian Keith Moore. (Balliet, Susan) Additional attachment(s) added on 6/1/2006 (Ratliff, Kay). (Entered: 05/31/2006)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 31 Notice of Withdrawal of Motion for Default Judgment by Plaintiff (AKR) (Entered: 05/31/2006)

NOTICE OF DOCKET MODIFICATION TO S. Balliet re 32 Response in Opposition to Motion ; Error: Proposed Order was filed together with the response in opposition instead of as separate attachment; Entry made by attorney; Correction: Clerk has added the proposed order as a separate attachment. In future e−filings, the attorney shall file proposed order or each exhibit separately from one another and separate from the main document; No further action required by counsel. cc: COR (AKR) (Entered: 06/01/2006)

THIRD NOTICE OF SUPPLEMENTAL INFORMATION by Brian Keith Moore (Attachments: # 1 Exhibit − 6/2/2006 Sortnews.com article)(CBD) (Entered: 06/06/2006)

Prisoner Receipt For ORIGINAL Filing Fee; Receipt Number 125427; Balance $ 350.00; Amt Pd 4.50; Into Acct: 5100PL; Balance Due $345.5 (CBD) (Entered: 06/14/2006)

ORDER: Moore's Motion 26 for default jgm is DENIED. Dfts directed to file answer to complaint, or responsive pldg w/in 5 business days of entry of this order, Moore's emergency Motion 18 to shorten time dfts are allowed to file resp. to complaint DENIED as MOOT. Court will treat the motion for TRO 5 as Motion for Preliminary Injunction, dfts file Response to relief w/in 10 business days of entry of this Order; Moore file Reply w/in 5 business days of dfts' response filed. Moore filed Motion 7 for TRO preventing dfts from conducting physical exam. This motion will be DENIED. Court ORDERS 1) partie sto hold conf. required by Rule 26(f) w/in 10 business days after entry of this Order. 2) parties fiel report req. by Rule 26(f) w/in 5 business days after Rule26(f) conf. held. Moore's discovery motions 6 8 9 17 DENIED as MOOT. Moore has moved 19 to compel dfts to disclose Ky Dept of Corrections' execution protocol. Parties confer at Rule 26(f) conf. to determine if they can resolve this issue. If they cannot, dfts ORDERED to file response to this motion w/in 25 days of entry of this order. Moore has moved 10 &23 to disqualify Jeffrey Middendorf as counsel for dfts. Dfts ORDERED to file response to this motion w/in 25 business days of entry os this Order. Moore's emergency motion 16 for oral argument on pending motions and dfts' motion 30 for briefings schedule are DENIED as MOOT. Signed by Judge Karen K. Caldwell. (CBD)cc: COR (Entered: 06/14/2006)

Set/Reset Deadlines as to 5 −2 MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore. Responses due by 6/28/2006 Replies due by 7/5/2006. (CBD) (Entered: 06/14/2006)

Set Deadlines/Hearings: Rule 26(f) Meeting Report due by 7/5/2006. (CBD) (Entered: 06/14/2006)

Set/Reset Deadlines as to 23 MOTION to Disqualify Counsel by Brian Keith Moore, 19 MOTION for Disclosure by Brian Keith Moore. Responses due by

MOTION to Intervene as Plaintiff−Intervenor by Jeffrey Leonard (Attachments: # 1 Exhibit 1 − Order from USDC−EDAR 5:06−cv−110SWW/JFF# 2 Exhibit 2 − Order from USDC−EDOH 2:04−cv−1156# 3 Exhibit 3 − Proposed Intervenor Complaint USDC−EDKY# 4 Proposed Order)(AKR) (Entered: 06/16/2006)

RESPONSE to Motion re 36 to Intervene by Jeffrey Leonard filed by Brian Keith Moore. (AKR) (Entered: 06/16/2006)

ANSWER to Complaint by John D. Rees, Thomas Simpson, Scott Haas, Ernie Fletcher. (Attachments: # 1 Findings of Fact and Conclusions of Law − Franklin Circuit 04−CI−1094)(CBD) (Entered: 06/20/2006)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell/Pro Se for review of 38 Answer to Complaint. (CBD) (Entered: 06/20/2006)

MOTION to Strike portions of 38 Answer to Complaint by Brian Keith Moore Responses due by 7/16/2006 (Attachments: # 1 Proposed Order)(CBD) (Entered: 06/28/2006)

MOTION for Leave to File Reply to Answer by Brian Keith Moore (Attachments: # 1 Proposed Order # 2 Tendered Reply to Answer)(CBD) (Entered: 06/30/2006)

MOTION for Leave by John D. Rees Motion for Leave to File Response by Defendants John D. Rees, et al. (Middendorf, Jeffrey) Additional attachment: Proposed Order added on 7/5/2006 (Dearborn, Christy). (Entered: 06/30/2006)

TENDERED − RESPONSE to Motion re 5 MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore MOTION for Temporary Restraining Order by Brian Keith Moore MOTION for Preliminary Injunction by Brian Keith Moore filed by Defendants John D. Rees, et al. filed by John D. Rees. (Middendorf, Jeffrey) Modified text to reflect "Tendered"on 7/3/2006 (Dearborn, Christy). (Entered: 06/30/2006)

REPORT of Rule 26(f) Planning Meeting. (CBD) (Entered: 07/03/2006)

MOTION for Order Granting Preliminary Injunction due to defendants' failure to respond by Brian Keith Moore (Attachments: # 1 Proposed Order)(CBD) (Entered: 07/03/2006)

MOTION for Leave to file Response to plaintiff's Motion for Preliminary Injunction by John D. Rees et al. (Attachments: # 1 Tendered Response)(Middendorf, Jeffrey) Modified text by adding "to file Response to pltf's Motion for Preliminary Injunction" and description of attachment on 7/5/2006 (Dearborn, Christy). Additional attachment(s) added on 7/6/2006 (Ratliff, Kay). (Entered: 07/03/2006)

RESPONSE in Opposition to 41 MOTION for Leave to file out−of−time Response to pltf's Motion for Preliminary Injunction by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Proposed Order)(CBD) (Entered: 07/05/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 44 MOTION for Order granting Preliminary Injunction for failure to respond by Brian Keith Moore (CBD) (Entered: 07/03/2006)

***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: 43 Report of Rule 26(f) Planning Meeting (CBD) (Entered: 07/03/2006)

NOTICE OF DEFICIENCY TO J. Middendorf re 41 MOTION for Leave by John D. Rees, 42 Response to Motion, ; attorney has failed to submit a proposed order as an electronic attachment to the motion; attorney shall file the proposed order as an attachment to a "Notice of Filing" within 3 business days − NOTICE OF DOCKET MODIFICATION to 41 Motion for Leave to File Response &42 Response to Motion for TRO and Preliminary Injunction; Errors: (1) main documents were scanned instead of converted into PDF format from the native word application (2) attorney filed Response 42 without leave of the Court; Error made by attorney; Corrections: (1) All pleadings created with a word application shall be converted int o PDF format using PDF conversion software rather than being scanned (2) Clerk has modified text of Response 42 to reflect "Tendered" Attorney advised that until leave is given by the Court the response should not be filed as such, but rather attached electronically to Motion seeking leave to which it relates. (cc: COR) (CBD) (Entered: 07/03/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 41 MOTION for Leave to file Response to Motionf or TRo and Preliminary Injunction by John D. Rees (CBD) (Entered: 07/03/2006)

NOTICE OF FILING by John D. Rees re 46 MOTION for Leave by John D. Rees NOTICE OF FILING OF PROPOSED ORDER (Attachments: # 1 Proposed Order Granting Motion for Leave)(Middendorf, Jeffrey) (Entered: 07/05/2006)

MOTION for Leave under LR 7.1 to file Reply to defendants' response to Moore's Motion for Preliminary Injunction in Excess of 15 pages by Brian Keith Moore (Attachments: # 1 Tendered Reply# 2 Exhibit 1 to Tendered Reply# 3 Exhibit 2 to Tendered Reply# 4 Exhibit 3 to Tendered Reply# 5 Exhibit 4 to Tendered Reply# 6 Exhibit 5 to Tendered Reply# 7 Exhibit 6 to Tendered Reply# 8 Exhibit 7 to Tendered Reply# 9 Exhibit 8 to Tendered Reply# 10 Exhibit 9 to Tendered Reply# 11 Exhibit 10 to Tendered Reply# 12 Exhibit 11 to Tendered Reply# 13 Proposed Order)(CBD) (Entered: 07/06/2006)

NOTICE OF DEFICIENCY TO J. Middendorf , 46 MOTION for Leave by John D. Rees ; attorney has failed to submit a proposed order as an electronic attachment to the motion; attorney shall file the propsed order as an attachment to a "Notice of Filing" within 3 business days − NOTICE OF DOCKET MODIFICATION TO J. Middendorf re 45 Notice of Filing and 46 Motion for Leave; ERRORS: (1) attoney faile to create link to the event to which DE 45 relates; Error by attorney (2) attorney failed to state what he was filing in DE 45 (3) attchment to DE 46 was insufficiently described "no description given"; CORRECTIONS: (1) Clerk has modified text and added relationship to create link. In the future attorney advised to create link with the existing event to which the pleading realtes. (2) Clerk has modified text to state "Notice of Filing of Proposed Order" Attorney advised to enter additional text into the optional text box to reflect what is being filed when filing a Notice of Filing. (3) Clerk has named attachment. It is necessary that all attachments are adequately described. ex: "no description" (incorrect); Tendered Response (correct.) No futher action required by counsel. (cc: COR) (CBD) (Entered: 07/05/2006)

MOTION for Protective Order by Ernie Fletcher Emergency Motion for Protective Order , MOTION to Quash by Ernie Fletcher Emergency Motion to Quash Subpoena (Attachments: # 1 Proposed Order Emergency Protective Order)(Harris−Ray, Holly) (Entered: 07/10/2006)

RESPONSE to Motion re 36 MOTION to Intervene by Jeffrey Leonard filed by John D. Rees. (Harris−Ray, Holly) (Entered: 07/10/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 36 MOTION to Intervene by Jeffrey Leonard (AKR) (Entered: 07/10/2006)

EMERGENCY PROTECTIVE ORDER: 1) subpoena issued on behalf of pltf to secure attendance of Governor Ernie Fletcher for a depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with the depo. of Governor Fletcher until further order of the Court. Signed by Judge Karen K. Caldwell. (Motions terminated: 50 MOTION for Protective Order &MOTION to Quash) (CBD)cc: COR (Entered: 07/11/2006)

MOTION for Protective Order by John D. Rees , et al. re: Deposition of Jeffrey Middendorf , MOTION to Quash by John D. Rees , et al. re: Deposition of Jeffrey Middendorf (Attachments: # 1 Proposed Order Emergency Protective Order)(Harris−Ray, Holly) (Entered: 07/11/2006)

MOTION for Reconsideration of Order Prohibiting Deposition of Dft, Fletcher re 52 Protective Order by Brian Keith Moore (Attachments: # 1 Proposed Order)(AKR) (Entered: 07/11/2006)

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of George Million , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of George Million (Attachments: # 1 Proposed Order Emergency Protective Order)(Harris−Ray, Holly) (Entered: 07/11/2006)

EMERGENCY PROTECTIVE ORDER: 1. The subpoena issued on beh of plaintiff to secure attendance of Jeffrey Middendorf for depo sched for 7/13/06 53 is quashed . 2. Plaintiff is prohibited from going forward with the depo of Jeffrey Middendorf until further order of the Court. Signed by Judge Karen K. Caldwell. (AKR)cc: COR (Entered: 07/11/2006)

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of John Rees , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of John Rees (Attachments: # 1 Proposed Order Emergency Protective Order)(Self, Thomas) (Entered: 07/11/2006)

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of Dr. Scott Haas , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of Dr. Haas (Attachments: # 1 Proposed Order Emergency Protective Order)(Self, Thomas) (Entered: 07/11/2006)

MOTION for Protective Order by John D. Rees et al., Emergency Motion for Protective Order re: Deposition of James Schomig , MOTION to Quash by John D. Rees et al., Emergency Motion to Quash Subpoena re: Depo of James Schomig (Attachments: # 1 Proposed Order Emergency Protective Order)(Self, Thomas) (Entered: 07/11/2006)

NOTICE OF DEFICIENCY TO H. Harris−Ray re 51 Response to Motion to Intervene; attorney has failed to type name on the signature line; The name of the Filing User under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. No further action required. cc: COR (AKR) (Entered: 07/11/2006)

RESPONSE in Opposition to Motion re 57 MOTION for Emergency Protective Order by John D. Rees MOTION to Quash Subpoena of John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

RESPONSE in Opposition re 58 MOTION for Protective Order by John D. Rees MOTION to Quash as to dft Haas by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

ORDER: 1) subpoena issued to secure attendance of John Rees for depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with depo. of John Rees until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 57 Motion for Protective Order, 57 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

ORDER: 1) subpoena issued to secure attendance of Dr. Scott Hass for depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with depo. of Dr. Scott Haas until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 58 Motion for Protective Order, 58 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

ORDER: 1) subpoena issued to secure attendance of James M. Schomig for depo. scheduled 6/13/2006 is quashed 2) pltf prohibited from going forward with depo. of James M. Schomig until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 59 Motion for Protective Order, 59 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

ORDER: 1) subpoena issued to secure attendance of George Million for depo. scheduled for 6/13/2006 is quashed 2) pltf prohibited from going forward with depo of George Million until further order of the Court. Signed by Judge Karen K. Caldwell. (terminating 55 Motion for Protective Order, 55 Motion to Quash) (CBD)cc: COR (Entered: 07/12/2006)

RESPONSE in Opposition re 59 MOTION for Protective Order &MOTION to Quash subpoena issued to James M. Schomig by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

RESPONSE in Opposition re 55 MOTION for Protective Order &MOTION to Quash subpoena issued to George Million by John D. Rees filed by Brian Keith Moore. (Attachments: # 1 Affidavit of Claire Ruckert# 2 Proposed Order)(CBD) (Entered: 07/12/2006)

NOTICE OF DOCKET MODIFICATION TO H. Harris−Ray &T. Self re 59 MOTION for Protective Order MOTION to Quash, 58 MOTION for Protective Order MOTION to Quash, 55 MOTION for Protective Order MOTION to Quash, 57 MOTION for Protective Order MOTION to Quash, 53 MOTION for Protective Order MOTION to Quash; Error: main documents scanned instead of converted into PDF format directly from native word format; Entry made by attorneys; Correction: All pleadings created with a word application shall be converted to PDF format using PDF format conversion software rather than being scanned. ; No further action required by counsel. (cc: COR) (CBD) (Entered: 07/12/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 59 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees, 58 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees, 57 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees (AKR) (Entered: 07/12/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 55 MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees MOTION for Protective Order by John D. Rees MOTION to Quash by John D. Rees (AKR) (Entered: 07/12/2006)

REPLY to Response to Motion re 41 MOTION for Leave by John D. Rees et al., filed by John D. Rees. (Self, Thomas) (Entered: 07/17/2006)

RESPONSE to Motion re 39 MOTION to Strike 38 Answer to Complaint by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Order denying Plaintiff's Motion to Strike Parts of Defendant's Answer)(Self, Thomas) (Entered: 07/17/2006)

RESPONSE to Motion re 40 MOTION for Leave to File by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Denying Plaintiff's Motion for Leave to Reply to Defendants' Answer)(Self, Thomas) (Entered: 07/17/2006)

RESPONSE in Opposition re 23 MOTION to Disqualify Counsel by Brian Keith Moore, 10 MOTION for Order by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Proposed Order Denying Plaintiff's Motion to Disqualify# 2 Affidavit Affidavit of Jeffrey T. Middendorf)(Harris−Ray, Holly) (Entered: 07/18/2006)

RESPONSE to Motion re 44 MOTION for Order by Brian Keith Moore filed by John D. Rees. (Attachments: # 1 Proposed Order Denying Plaintiff's Motion to

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 41 MOTION for Leave by John D. Rees (AKR) (Entered: 07/18/2006)

***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: 73 MOTION to Withdraw as Attorney of Record by Brian Keith Moore (AKR) (Entered: 07/19/2006)

STRICKEN per Order 86 − REPLY to Response to Motion re 46 MOTION for Leave by John D. Rees filed by Brian Keith Moore. (Barron, David) Modified textand linked to Order 86 on 8/25/2006 (Dearborn, Christy). (Entered: 07/20/2006)

REPLY to Response to Motion re 39 MOTION to Strike 38 Answer to Complaint by Brian Keith Moore filed by Brian Keith Moore. (Barron, David) (Entered: 07/21/2006)

MOTION to Strike 74 Reply to Response to Motion by John D. Rees et al., Motion to Strike Plaintiff's Surreply Responses due by 8/8/2006 (Attachments: # 1 Proposed Order Proposed Order Granting Defendant's Motion to Strike)(Self, Thomas) (Entered: 07/21/2006)

REPLY to Response to Motion re 44 MOTION for Order by Brian Keith Moore filed by Brian Keith Moore. (Barron, David) (Entered: 07/21/2006)