Case: Miller v. Foti

COMPLAINT ( 2 summons(es) issued ) (daf) Modified on 11/08/1999 (Entered: 11/04/1999)

Automatic Referral (Utility Event) to Magistrate Karen W. Roby (daf) (Entered: 11/04/1999)

Notice by plaintiff James Miller of related case(s) 99−0663−R(2) (daf) (Entered: 11/08/1999)

ORDER Case reassigned to Judge Sarah S. Vance, Mag. Judge 2 due to related matter CA 99−663 R by Judge Helen G. Berrigan Date Signed: 11/9/99 (kh) (Entered: 11/12/1999)

Automatic Referral (Utility Event) to Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 12/01/1999)

MINUTE ENTRY( 11/15/99): Ordered that plaintiff file statement of facts, and exhibit and witness lists by 12/7/99; further ordered that counsel for dfts furnish a verified copy of pla's medical records to the Mag and to pla w/in 30 days by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 11/17/1999)

USM RETURN OF SERVICE of summons and complaint upon defendant Charles C Foti Jr on 11/17/99 (bb) (Entered: 11/23/1999)

MINUTE ENTRY (11/24/99): Ordered that pla sign the consent to proceed bfr the Mag form and forward it to dft's counsel w/in 21 days; if pla declines to consent, he must notify the court in writing by Magistrate Karen W. Roby (bb) (Entered: 11/29/1999)

ORDERED that pla show cause in writing by 1/6/00 why his suit should not be dismissed for failure to comply w/the Court's order dated 11/15/99 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 12/10/1999)

ANSWER by defendant Charles C Foti Jr to complaint by plaintiff James Miller [1−1] (cca) (Entered: 12/14/1999)

Mail Returned [8−1] order to show cause hearing addressed to plaintiff James Miller (bb) (Entered: 12/27/1999)

MINUTE ENTRY (1/7/00): Clerk is directed to remail a copy of the orders issd by the Mag on 11/15/99 and 12/9/99; pla is granted until 1/31/00 to resp to the orders by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 01/11/2000)

Response by plaintiff James Miller to order entered 11/17/99 (bb) (Entered: 01/26/2000)

MINUTE ENTRY (1/24/00): Preliminary Conference set 10:30 2/17/00 by telephone; Warden is directed to have pla made available for the conf by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 01/25/2000)

MINUTE ENTRY (2/17/00): Clerk is directed to file pla's medical record into the record by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 02/17/2000 (Entered: 02/17/2000)

MINUTE ENTRY (2/17/00): Preliminary Conference held 10:30 2/17/00; pla has been forwarded a form to indicate whether he consents to proceed bfr a Mag; the question of whether the instant case should be consolidated with the other two related cases in this court for trial will be taken under advisement pending the parties' decision concerning consent by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 02/18/2000)

Motion by defendant Charles C Foti Jr and ORDER for appearance of John Vito Quaglino as co−counsel by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 02/29/2000)

Consent to proceed trial before a U.S. Magistrate pursuant to 28 USC 636(c) filed by plaintiff James Miller III (jd) (Entered: 03/03/2000)

ANSWER by defendant Deputy Chaney to complaint by plaintiff James Miller [1−1] (bb) (Entered: 03/22/2000)

MINUTE ENTRY (3/22/00): Ordered that this case will be set for trial and ptc bfr the Mag w/CA 99−663 R and 99−3167 S; Pre−Trial Conference set 2:00 4/27/00; Non−jury Trial set 10:00 5/15/00; further ordered that counsel for plas and dfts in CA 99−663 and 99−3167 must include references to the claims, witnesses &exhibits of pla James Miller in the pretrial order by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 03/23/2000)

ORDER that Case is referred to Magistrate Joseph C. Wilkinson Jr. for all further proceedings and entry of jgm by Judge Sarah S. Vance (bb) (Entered: 03/24/2000)

MINUTE ENTRY (4/27/00): pre−trial conference held; ordered that plas will participate in trial by telephone; further ordered that counsel for plas and dfts send to plas copies of all trial exhibits by 5/8/00; further ordered that parties may submit findings of fact &conclusions of law &pretrial memoranda by 4:00 on 5/12/00; further ordered that the Court will conduct an inspection of the Orleans Parish Prison where the alleged incidents occurred on 5/16/00 by Magistrate Joseph C. Wilkinson Jr. (bb) Modified on 05/15/2000 (Entered: 04/28/2000)

MINUTE ENTRY (4/28/00): trial is set 5/15/00 and 5/16/00; the Warden of Federal Prison Camp is ordered to make pla available for trial by telephone by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 04/28/2000)

PRE−TRIAL ORDER: PTC held; non jury trial set 5/15/00 at 10:00 by Magistrate Joseph C. Wilkinson Jr. Date Signed: 4/27/00 (bb) (Entered: 05/01/2000)

DOCUMENT NUMBER 24 IS NOT USED (bb) Modified on 06/01/2000 (Entered: 05/01/2000)

MINUTE ENTRY (5/1/00): The Clerk of Court's Court Reporter Section is directed to take possession of the cassette tape of the conf conducted by telephone on 2/17/00 &hold same for further use by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/02/2000)

Transcript of telephone conf held 2/17/00 bfr Mag Wilkinson (bb) (Entered: 05/15/2000)

PROCEEDING: Reported/Recorded by Rhonda Hardin; Non−jury Trial held; all present &ready; plas' mtn for sequestration of witnesses granted; exhibits admitted; witnesses sworn &testified; court adjourned until 5/16/00 at 10:00 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/18/2000)

PROCEEDING: Reported/Recorded by Rhonda Hardin; non jury trial cont; witnesses sworn &testified; exhibits admitted; plas' mtns to have medical records entered into evidence granted; dft's mtn to dismiss damage claims − deferred; dft's mtn to dismiss 1983 claims agst Sheriff Foti − deferred; court adjourned until 5/17/00 at 9:00 by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/18/2000)

PROCEEDING: Reported/Recorded by Rhonda Hardin; non jury trial cont from 5/16/00; all present &ready; witnesses sworn &testified; exhibits admitted; stip entered into the record; dfts reurge their mtn of dismissal of 1983 and legal access claims agst dft Foti − deferred; pla waives closing argument; dfts waive closing argument; post trial brief to be submitted by 5/31/00; all matters are submitted at this time; court adjourned by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 05/18/2000)

MINUTE ENTRY (8/1/00) Settlement conference is set at 10:00 8/23/00 by Magistrate Sally Shushan (bb) (Entered: 08/04/2000)

MINUTE ENTRY (8/25/00) Telephone Settlement conference held at 10:00 8/23/00; the parties advised that they are unable to negotiate a settlement at this time by Magistrate Sally Shushan (bb) (Entered: 08/25/2000)

ORDER that the Warden w/draw funds from pla's prisoner account as set out in document by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 10/13/2000)

Findings of fact and conclusions of law by Magistrate Joseph C. Wilkinson Jr. Date signed: 10/10/00 (bb) (Entered: 10/13/2000)

JUDGMENT: Ordered that there be jgm in favor of dfts Charles C. Foti Jr. &Gerald Chaney and agst pla, dismissing pla's claims under 42:1983 w/prej; further ordered that there be jgm in favor of pla and agst dfts Foti &Chaney in the amt of $250.00 w/interest; all parties to bear own costs by Loretta G. Whyte, Clerk; Approved as to form by Magistrate Joseph C. Wilkinson Jr. (CLOSED) (bb) (Entered: 10/13/2000)

Notice of appeal by plaintiff James Miller from Dist. Court [34−1] findings of fact, [35−2] judgment (gw) (Entered: 11/01/2000)

MINUTE ENTRY (11/8/00) Hrg on pla's obj to Findings of Fact and Conclusions of law; denied by Magistrate Joseph C. Wilkinson Jr. (bb) (Entered: 11/09/2000)

ORDER from Court of Appeals: dismissing the appeal for want of prosecution; the appellant failed to timely pay the docketing fee [36−1] by Clerk USCA (ijg) (Entered: 01/18/2001)