Case: Snyder v. Moore

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 # 247515 (sk) (Entered: 10/16/2001)

Notice of filing original affidavit of service with Acknowledgment of service by defendants Richard Moore, Justin Williams, Kendra Trimiar 10/16/01 (sk) (Entered: 10/26/2001)

ANSWER by defendants to complaint [1-1]. Discovery ends 4/1/02; jury demand. (djh) (Entered: 11/02/2001)

Certificate of interested persons by parties. (to judge) (djh) (Entered: 11/30/2001)

RESPONSES TO MANDATORY DISCLOSURES by plaintiff (sk) (Entered: 01/25/2002)

ENDORSED ORDER by William C. O'Kelley APPROVING [6-1] preliminary planning report and discovery schedule (cc) (sk) (Entered: 01/31/2002)

Joint MOTION to extend time through 05/01/02 for discovery with proposed consent order in support. (to WCO) (sk) (Entered: 03/20/2002)

CONSENT ORDER by William C. O'Kelley GRANTING [7-1] joint motion to extend time through 05/01/02 for discovery, Discovery ends 5/1/02 (cc) (djh) (Entered: 03/22/2002)

MOTION by plaintiff for leave to amend [1-1] complaint with exhibits and brief in support. (sk) (Entered: 04/08/2002)

Proposed consent order extending time through 06/15/02 for discovery. (to WCO) (sk) (Entered: 04/25/2002)

Proposed consent protective order. (to WCO) (sk) (Entered: 04/25/2002)

SUBMITTED to William C. O'Kelley on [9-1] motion for leave to amend [1-1] complaint (sk) (Entered: 04/26/2002)

CONSENT PROTECTIVE ORDER ENTERED. (cc by CRD) (djh) (Entered: 04/30/2002)

CONSENT ORDER by William C. O'Kelley GRANTING [9-1] motion for leave to amend [1-1] complaint, directing Clerk to accept pla's amd cmp for filing (proposed amd cmp attached to doc 9), directing all pldgs filed hereafter to bear caption contained in amd cmp, extending disc. Discovery ends 6/15/02 (cc by CRD) (djh) (Entered: 04/30/2002)

AMENDED COMPLAINT by pla, adding dft Keith Franklin; jury demand (djh) (Entered: 04/30/2002)

AMENDED Verified COMPLAINT for damages and injunctive relief by plaintiff; jury demand (sk) (Entered: 05/10/2002)

Acknowledgment of service by defendants executed 6/10/02. (sk) (Entered: 06/13/2002)

ANSWER to amended complaint [13-1] by Richard Moore, Justin Williams, Joshua Highfill, Kendra Trimiar, Keith Franklin; jury demand (sk) (Entered: 06/24/2002)

Proposed consent order extending time through 07/12/02 for defendants to file a motion for summary judgment. (to WCO) (sk) (Entered: 07/05/2002)

Consent MOTION to allow defendants' brief in support of their motion for partial summary judgment to exceed the page limit with proposed order in support. (to WCO) (sk) (Entered: 07/12/2002)

MOTION by defendants' for partial summary judgment with brief and statement of material facts in support. (sk) (Entered: 07/12/2002)

CONSENT ORDER by William C. O'Kelley GRANTING [16-1] joint motion to allow defendants' brief in support of their motion for partial summary judgment to exceed the page limit (cc by CRD) (djh) (Entered: 07/19/2002)

Notice of filing orig disc by dfts (depo of M. Snyder) & request for pla to file orig depos of Rick Moore, Keith Franklin, Kendra Trimiar, Joshua Highfill, Justin Williams, & Pamela Banister. (djh) (Entered: 07/25/2002)

Deposition of MARILYN SNYDER taken for defendants. (djh) (Entered: 07/25/2002)

Brief by plaintiff in opposition to [17-1] motion for partial summary judgment and response to defendants' statement of material facts to which there exists no genuine issue t be tried. (sk) (Entered: 08/01/2002)

Notice of filing orig disc by pla (depos & pla's 1st req for adm to dft & pla's 1st interrs to dft) & request for dft to file depo of Barry Lipsitz, dft's responses to pla's 1st req for adm & dft's 2nd amded ans to pla's 1st interrs. (djh) (Entered: 08/01/2002)

Deposition of AMANDA ALLEN taken for plaintiff (djh) (Entered: 08/01/2002)

Deposition of PAMELA BANNISTER taken for plaintiff (djh) (Entered: 08/01/2002)

Deposition of KEITH FRANKLIN taken for plaintiff (djh) (Entered: 08/01/2002)

Deposition of JOSH HIGHFILL taken for plaintiff (djh) (Entered: 08/01/2002)

Deposition of JUSTIN WILLIAMS taken for plaintiff (djh) (Entered: 08/01/2002)

Deposition of RICHARD MOORE taken for plaintiff (djh) (Entered: 08/01/2002)

Deposition of KENDRA TRIMIAR taken for plaintiff (djh) (Entered: 08/01/2002)

SUBMITTED to William C. O'Kelley on [17-1] motion for partial summary judgment (sk) (Entered: 08/09/2002)

Notice of filing of original discovery by defendants. (DEPO of Barry Lipsitz, Dft Richard Moore's Responses to Pla's First Request for Admissions, & Dft Richard Moore's Second Amended Answers to Pla's First Interrogatories) (sk) (Entered: 08/22/2002)

Deposition of Barry Lipsitz taken for defendants. (sk) (Entered: 08/22/2002)

Notice by CRD, pretrial conference set for 10:30 A.M. on 10/31/02 , jury trial set for 9:30 A.M. on 11/4/02 . (cc by CRD) (sk) (Entered: 09/18/2002)

ORDER by William C. O'Kelley GRANTING IN PART AND DENYING IN PART defendants' [17-1] motion for partial summary judgment. Summary judgment is DENIED as to Sheriff Moore's individual liability under sec 1983. entitled to qualifiled immunity from the sec 1983 claims brough against him. Summary judgment is GRANTED as to the assault claims brught against defendants Williams, Franklin, and Highfill. Summary judgment is DENIED as to the assault claim brought against defendant Trimiar. AS to plaintiff's invasion of privacy claim, summary judgment is GRANTED as to defendant Franklin but is DENIED as to defendants Williamd and Highfill. Defendant Trimiar is not entitled to official immunity from plaintiff's invasion of privacy claim. Summary judgment on plaintiff's claim of intentional infliction of emotional distress is GRANTED. (cc by CRD) (sk) (Entered: 09/27/2002)

MOTION by defendant for continuance from the November 4, 2002 civil jury trial calendar with brief and proposed order in support. (sk) (Entered: 10/01/2002)

Terminated submissions. (sk) (Entered: 10/01/2002)

CONSENT ORDER by William C. O'Kelley GRANTING [35-1] motion for continuance from the November 4, 2002 civil jury trial calendar (cc) (sk) (Entered: 10/10/2002)

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

Notice by CRD, pretrial conference set for 3:15 P.M. on 12/17/02 , jury trial set for 9:30 A.M. on 1/6/03 . (cc by CRD) (sk) (Entered: 11/13/2002)

Notice by CRD, pretrial conference rescheduled for 3:15 P.M. on 12/19/02 . (cc by CRD) (sk) (Entered: 11/25/2002)

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

Notice of filing of change of address by counsel for plaintiff Marilyn Snyder. (to SE) (sk) (Entered: 12/11/2002)

MOTION by defendant Richard Moore for leave amend answer with memorandum and proposed order in support. (to WCO) (sk) (Entered: 12/11/2002)

Proposed pre-trial order received from parties (to WCO) (djh) (Entered: 12/18/2002)

Consent by pla to dft Richard D. Moore's [42-1] motion for leave amend answer. (djh) (Entered: 12/19/2002)

ORDER by William C. O'Kelley GRANTING [42-1] motion for leave amend answer (cc by CRD) (djh) (Entered: 12/20/2002)

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

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

Pre-trial order filed by William C. O'Kelley (djh) (Entered: 12/20/2002)

Joint MOTION to amend [47-1] pretrial order with proposed order in support. (to WCO) (sk) (Entered: 01/02/2003)

MOTION by pla in limine with brief in support. (djh) (Entered: 01/06/2003)

REQUEST TO CHARGE by pla. (djh) (Entered: 01/06/2003)

ORDER by William C. O'Kelley GRANTING [48-1] joint motion to amend [47-1] pretrial order (cc) (djh) (Entered: 01/06/2003)

Response by defendants to plaintiff's [49-1] motion in limine (sk) (Entered: 01/08/2003)

MOTION by dfts in limine with brief in support. (sk) (Entered: 01/08/2003)

SECOND MOTION by defendants' in limine with brief in support. (sk) (Entered: 01/08/2003)

THIRD MOTION by defendants' in limine with brief in support. (sk) (Entered: 01/08/2003)

FOURTH MOTION by defendants' in limine with brief in support. (sk) (Entered: 01/08/2003)

MOTION by defendant Richard Moore in limine with brief in support. (sk) (Entered: 01/08/2003)

FIRST MOTION by defendant Keith Franklin in limine with brief in support. (sk) (Entered: 01/08/2003)

Notice of filing of original witness subpoenas by plaintiff. (sk) (Entered: 01/10/2003)

JURY TRIAL before William C. O'Kelley begins. Jury charged. Evidence admitted and witnesses sworn & testified. (sk) (Entered: 01/10/2003)

Motion HEARING held before William C. O'Kelley and the following verbal rulings were made: GRANTED IN PART and DENIED IN PART pla's [49-1] motion in limine, GRANTED IN PART and DENIED IN PART pla's [53-1] motion in limine, GRANTED IN PART and DENIED IN PART dfts' [54-1] motion in limine, GRANTED IN PART and DENIED IN PART dfts' [55-1] motion in limine, DENIED AS MOOT dfts' [56-1] motion in limine, GRANTED dfts' [57-1] motion in limine, GRANTED dfts' [58-1] motion in limine. (sk) (Entered: 01/14/2003)

VERBAL ORDER by William C. O'Kelley GRANTING IN PART AND DENYING IN PART [49-1] motion in limine by Marilyn Snyder, GRANTING IN PART AND DENYING IN PART [53-1] motion in limine by defendants, GRANTING IN PART AND DENYING IN PART [54-1] motion in limine by defendants, GRANTING IN PART AND DENYING IN PART [55-1] motion in limine by defendants, DENYING AS MOOT the [56-1] motion in limine by defendants, GRANTING defendants' [57-1] motion in limine, GRANTING defendants' [58-1] motion in limine (sk) (Entered: 01/14/2003)

Plaintiff's Trial Exhibit list. (sk) (Entered: 01/15/2003)

Plaintiff's Witnesslist . (sk) (Entered: 01/15/2003)

Defendants' Witness list. (sk) (Entered: 01/15/2003)

Renewed Oral MOTION by defendants for judgment on the pleadings . (sk) (Entered: 01/15/2003)

JURY TRIAL before William C. O'Kelley continues. Witnesses sworn & testified. Evidence by dfts admitted. Counsel for dfts verbally moved for jgm on pleadings as to dfts. Court verbally denied the motion. Counsel for dfts verbally moved for jgm on the pleadings as to each dft with respect to punitive damages. Court took matter under advisement. Charge conference held. (sk) (Entered: 01/15/2003)

Oral MOTION by defendants for judgment on pleadings . (sk) (Entered: 01/15/2003)

VERBAL ORDER by William C. O'Kelley DENYING [0-0] oral motion by defendants for judgment on the pleadings as to dfts. (sk) (Entered: 01/15/2003)

VERBAL ORDER by William C. O'Kelley DENYING renewed [0-0] motion for judgment on pleadings by defendants. (sk) Modified on 01/15/2003 (Entered: 01/15/2003)

Oral MOTION by defendants for judgment on the pleadings as to each dft with respect to punitive damages . (sk) (Entered: 01/15/2003)

VERBAL ORDER by William C. O'Kelley [0-0] motion by dfts for judgment on the pleadings as to punitive damages taken under ADVISEMENT. (sk) (Entered: 01/15/2003)

Steno notes of proceedings held 01/09/03 before William C. O'Kelley, by Court Reporter Linda Baggett. (sk) (Entered: 01/13/2003)

Steno notes of proceedings held 01/10/03 before William C. O'Kelley, by Court Reporter Linda W. Baggett. (sk) (Entered: 01/13/2003)

Steno notes of proceedings held 01/13/03 before William C. O'Kelley, by Court Reporter Linda W. Baggett. (sk) (Entered: 01/13/2003)

JURY TRIAL before William C. O'Kelley concluded. Jury charged. Jury verdict for the plaintiff and against the defendant Richard Moore in the amount of $15,000.00 for compensatory damages and for the defendants Justin Williams, Joshua Highfill, Kendra Trimiar, and Keith Franklin. (sk) (Entered: 01/15/2003)

VERDICT of Jury for plaintiff against defendant Richard Moore for compensatory damages in the amount of $15,000 and for defendants Justin Williams, Joshua Highfill, Kendra Trimiar, and Keith Franklin. (sk) (Entered: 01/15/2003)

JUDGMENT ENTERED for plaintiff against defendant Richard Moore in the amount of $15,000 for compensatory damages and in favor of defendants Justin Williams, Joshua Highfill, Kendra Trimiar, and Keith Franklin. ([71-1]satisfaction of jgm filed by pla on 03/12/03) filed 03/12/03 (sk) Modified on 03/12/2003 (Entered: 01/15/2003)

Case terminated. (sk) (Entered: 01/15/2003)

MOTION by plaintiff for award of attorney's fees and expenses against Richard Moore, Justin Williams, Joshua Highfill, Kendra Trimiar, John Doe, Keith Franklin with brief in support. (sk) (Entered: 01/27/2003)

TRANSCRIPT filed RE: for dates of 01/09/03 Court Reporter: Linda Baggett - (sk) (Entered: 01/31/2003)

TRANSCRIPT filed RE: for dates of 01/10/03 & 01/13/03 Court Reporter: Linda Baggett - (sk) (Entered: 01/31/2003)

Bill of costs of defendants Kendra Trimiar, Joshua Highfill, Keith Franklin, Justin Williams filed with affidavit in support. (sk) (Entered: 02/11/2003)

COSTS TAXED in the amount of $ 4,909.05 for defendants Kendra Trimiar, Joshua Highfill, Keith Franklin, Justin Williams. (sk) (Entered: 02/11/2003)

SUBMITTED to William C. O'Kelley on [67-1] motion for award of attorney's fees and expenses against Richard Moore, Justin Williams, Joshua Highfill, Kendra Trimiar, John Doe, Keith Franklin (sk) (Entered: 02/14/2003)

SATISFACTION OF JUDGMENT filed by plaintiff. (sk) (Entered: 03/12/2003)

ORDER by William C. O'Kelley denying as moot the [67-1] motion for award of attorney's fees and expenses against Richard Moore, Justin Williams, Joshua Highfill, Kendra Trimiar, John Doe, Keith Franklin. (cc by CRD) (djh) (Entered: 04/03/2003)

[32-1] deposition, [29-1] deposition, [27-1] deposition, [24-1] deposition made part of the record in 2:02-cv-36-WCO/Hicks v. Moore per [46-1] consent order originally filed on 04/29/03 in 2:02-cv-36-WCO. (sk) Modified on 12/02/2003 (Entered: 10/29/2003)