Case: Miller v. City of Dallas

COMPLAINT filed; Filing Fee $ 150.00 Receipt # 107750 (9) (lag) (Entered: 12/16/1998)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (lag)

Notice of lawsuit and REQUEST FOR WAIVER of Service as to City of Dallas 12/14/98 Waiver of Service due by 1/13/99 for City of Dallas (1) (lag) (Entered: 01/20/1999)

WAIVER OF SERVICE Returned Executed as to City of Dallas 1/12/99 Answer due on 3/15/99 for City of Dallas (1) (lag) (Entered: 01/20/1999)

Original DEMAND for jury trial by defendant City of Dallas (lag) (Entered: 03/15/1999)

ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 4/19/99 <SEE ORDER FOR SPECIFICS>(signed by SAFitzwater) Copies to counsel: 03.18.99 Page(s): 3 (lag) (Entered: 03/18/1999)

Entry/NOTICE of attorney appearance for defendant City of Dallas by Arthur L Walker, Gerald Vincent Bright (2) (lag) (Entered: 04/05/1999)

Rpt of parties' planning mtg/PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, defendant City of Dallas (3) (lag) (Entered: 04/19/1999)

STATUS REPORT ORDER. Status report due on 6/1/99 <SEE ORDER FOR FURTHER SPECIFICS> (signed by SAFitzwater) Copies to counsel: 04.22.99 Page(s): 4 (lag) (Entered: 04/22/1999)

MOTION with memorandum in support by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams for leave to file 1st amd complaint/ to amend [1-1] complaint (12) (lag) (Entered: 05/27/1999)

ORDER granting [9-1] motion for leave to file 1st amd complaint/ to amend [1-1] complaint ( signed by SAFitzwater) Copies to counsel: 05.27.99 Page(s) 1 (lag) (Entered: 05/27/1999)

Amended COMPLAINT by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, (Answer due 6/7/99 for City of Dallas ) amending [1-1] complaint (10) (lag) (Entered: 05/27/1999)

Joint STATUS REPORT Regarding Status of Settlement Negotiations by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, defendant City of Dallas (3) (lag) (Entered: 06/04/1999)

Unopposed MOTIONS by defendant City of Dallas to substitute new counsel Christopher David Bowers & withdraw Arthur L Walker, Jr, Gerald Bright of the law firm of Walker Bright & Whittington & Mark Bryza of the City Atty's Office (4) (lag) (Entered: 06/25/1999)

ORDER granting [13-1] motion to substitute new counsel Christopher David Bowers & withdraw Arthur L Walker, Jr, Gerald Bright of the law firm of Walker Bright & Whittington & Mark Bryza of the City Atty's Office ; terminated Arthur L Walker Jr & Gerald Bright of the law firm of Walker Bright & Whittington & Mark Bryza (signed by SAFitzwater) Copies to counsel: 06.28.99 1 (lag) (Entered: 06/28/1999)

Designation of Experts by defendant City of Dallas (9) (lag) (Entered: 11/02/1999)

TRIAL SETTING ORDER set docket call for 1/8/01 <SEE ORDER FOR SPECIFICS> (signed by SAFitzwater) Copies to counsel: 12.22.99 Page(s) 5 (lag) (Entered: 12/22/1999)

MOTION with memorandum in support by plaintiffs Charles Miller, et al to extend Discovery Deadline (2) (lch) (Entered: 01/28/2000)

ORDER granting [17-1] motion to extend Discovery Deadline reset discovery due for 11/1/00 ( signed by Judge SAFitzwater) Copies to counsel: 1/28/00 Page(s) 1 (lch) (Entered: 01/28/2000)

Unopposed MOTION by defendant City of Dallas to extend time/to extend the deadline to file mtns for sumjgm (3) (jrb) (Entered: 04/21/2000)

ORDER granting [19-1] motion to extend the deadline to file mtns for sumjgm reset motion filing deadline for 10/1/00 ( signed by Judge Fitzwater) Copies to counsel: 4/24/00 Page(s) 1 (lch) (Entered: 04/24/2000)

JOINT MOTION For a New Pre-trial Schedule by plaintiffs, defendant (3) (lch) (Entered: 07/18/2000)

ORDER granting [21-1] joint motion For a New Pre-trial Schedule reset docket call for 6/18/01 see order for specifics ( signed by Judge Fitzwater) Copies to counsel: 7/19/00 Page(s) 1 (lch) (Entered: 07/19/2000)

NOTICE of attorney appearance for defendant City of Dallas by Amy Kristin Bock (2) (lch) (Entered: 10/02/2000)

PROPOSAL FOR CONTENTS of NEW scheduling and discovery order by defendant City of Dallas (2) (lch) (Entered: 10/02/2000)

PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff Charles Miller, et al (3) (lch) (Entered: 10/03/2000)

STATUS REPORT ORDER. Status report due on 3/30/01 ( signed by Judge Fitzwater) Copies to counsel: 10/6/00 Page(s): 2 (lch) (Entered: 10/06/2000)

MOTION with memorandum in support by plaintiff, Charles Miller, et al Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased (2) (lch) (Entered: 11/01/2000)

RESPONSE by defendant City of Dallas to [27-1] motion Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased (2) (lch) (Entered: 11/28/2000)

ORDER denying without prejudice [27-1] Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased ( signed by Judge Fitzwater) Copies to counsel: 12/14/00 Page(s) 1 (lch) Modified on 12/19/2000 (Entered: 12/15/2000)

UNOPPOSED MOTION by plaintiff Lessie Hollins, plaintiff John Adams to dismiss claims (2) (lch) (Entered: 01/16/2001)

MOTION by plaintiff Velma Harper to dismiss claims (3) (lch) (Entered: 01/16/2001)

ORDER granting [31-1] Plaintiff Velma Harper's motion to dismiss claims without prejudice. Each party shall bear their own costs ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s) 1 (lch) (Entered: 01/17/2001)

ORDER granting [30-1] Plaintiff Lessie Hollin's motion to dismiss claims without prejudice. All parties will bear their own costs. ( signed by Judge Fitzwater) Copies to counsel: 1/17/01 Page(s) 1 (lch) (Entered: 01/17/2001)

Designation of Experts by plaintiff Charles Miller, plaintiff Erma Cooper, plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Louise Davis, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper (2) (lch) (Entered: 01/17/2001)

UNOPPOSED MOTION by plaintiff Louise Davis to dismiss claims of Louise Davis (3) (lch) (Entered: 01/25/2001)

UNOPPOSED AMENDED MOTION AND BRIEF IN SUPPPORT to substitute party Ronnie Miller for plaintiff Charles Miller who is deceased by plaintiff Charles Miller, plaintiff Erma Cooper, et al referring to [27-1] Motion to substitute Ronnie Miller for Plainitff Charles Miller who is deceased (7) (lch) (Entered: 01/25/2001)

ORDER granting [35-1] motion to dismiss claims of Louise Davis in this lawsuit without prejudice. All parties will bear its own costs. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 1/26/01 Page(s) 1 (lch) (Entered: 01/26/2001)

ORDER granting [36-1] amended motion to substitute party Ronnie Miller for plaintiff Charles Miller who is deceased ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 1/26/01 Page(s) 2 (lch) (Entered: 01/26/2001)

UNOPPOSED MOTION by plaintiff Erma Cooper to dismiss claims (3) (lch) (Entered: 02/01/2001)

(lch)

ORDER granting [39-1] Plaintiff Erma Cooper's motion to dismiss her claims without prejudice against the defendant. Each party to bear its own costs. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 2/2/01 Page(s) 1 (lch) (Entered: 02/02/2001)

Unopposed MOTION by defendant City of Dallas to extend time/deadline to exchange rebuttal expert reports (3) (jas) (Entered: 02/28/2001)

ORDER granting [41-1] motion to extend time/deadline to exchange rebuttal expert reports, extended to 3/12/01. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/1/01 Page(s) 1 (jas) (Entered: 03/01/2001)

Designation of Rebuttal Expert Witnesss by defendant City of Dallas (2) (djd) (Entered: 03/13/2001)

MOTION with memorandum in support by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller for protective order to City notices for the depositions of Metzger & McCluskey (10/exhibit not imaged) (djd) (Entered: 03/21/2001)

RESPONSE by defendant City of Dallas to [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey (13/exhibits not imaged) (djd) (Entered: 03/22/2001)

ORDER OF REFERENCE: [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey referred to Magistrate Judge Paul D. Stickney for determinatino. <see order for specifics> ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 3/22/01 Page(s): 1 (djd) (Entered: 03/22/2001)

ORDER setting hearing: Motion hearing set for 3:00 3/28/01 for [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey <see order for specifics> (Signed by Magistrate Judge Paul D. Stickney) Copies to counsel: 3/26/01 Page(s): 2 (djd) (Entered: 03/26/2001)

Minute order: Telephone conference Held before Magistrate Judge Paul D. Stickney; Plaintiff's Motion for Protective Order, filed 3/20/01 (44) Court Reporter: Electronic (grj) (Entered: 04/12/2001)

Motion hearing re: [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey (grj)

Unopposed MOTION by defendant City of Dallas for continuance (4) (djd) (Entered: 03/30/2001)

Joint STATUS REPORT by plaintiffs & defendant (2) (djd) (Entered: 04/02/2001)

Agreed MOTION to extend time for discovery by plaintiffs and defendant (4) (djd) (Entered: 04/02/2001)

MOTION with memorandum in support by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) (14) (djd) (Entered: 04/02/2001)

APPENDIX by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller in support of [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) (15+/not imaged) (djd) (Entered: 04/02/2001)

ORDER granting [48-1] motion for continuance reset docket call for two-week docket of 9/17/01, and that the scheduling order be amended as follows: reset motion filing deadline for no later than 6/15/01 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/2/01 Page(s) 1 (djd) (Entered: 04/02/2001)

Agreed ORDER granting [50-1] joint motion to extend time for discovery reset discovery due for 4/30/01 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/2/01 Page(s) 1 (djd) (Entered: 04/02/2001)

ORDER OF REFERENCE: [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) referred to Magistrate Judge Paul D. Stickney for determination. <see order for specifics> ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 4/2/01 Page(s): 1 (djd) (Entered: 04/02/2001)

ORDER denying [44-1] motion for protective order to City notices for the depositions of Metzger & McCluskey ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 4/9/01 Page(s) 1 (djd) (Entered: 04/09/2001)

RESPONSE by defendant City of Dallas to [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended 30(b)(6) notice of deposition (15+) (djd) (Entered: 04/20/2001)

APPENDIX by defendant City of Dallas in support of [58-1] motion response (15+/not imaged) (djd) Modified on 04/20/2001 (Entered: 04/20/2001)

ORDER setting hearing: Motion hearing set for 9:00 5/28/01 for [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) <see order for specifics> ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 4/24/01 Page(s): 2 (djd) (Entered: 04/24/2001)

REPLY by plaintiffs to response to [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) (10/exhibit not imaged) (djd) (Entered: 05/03/2001)

Amended ORDER setting hearing: Motion hearing set for 2:00 5/25/01 for [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) <see order for specifics> ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 5/22/01 Page(s): 2 (djd) (Entered: 05/22/2001)

SECOND AMENDED ORDER setting hearing: Motion hearing set for 2:00 6/4/01 for [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6) <see order for specifics> ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 5/22/01 Page(s): 2 (djd) (Entered: 05/22/2001)

Tele-conference held on motion to compel (jyg)

Minute order: Telephone Conference held before Magistrate Judge Paul D. Stickney on Motion to Compel the City to designate a person or persons to testify pursuant to Pla's Amended Notice of Dep filed 3/30/01. All counsel of record present. Court Reporter: Electronic (1) (jyg) (Entered: 06/08/2001)

ORDER denying [51-1] motion to compel the City to designate a person or persons to testify pursuant to pltfs' amended notice of deposition pursuant to Fed. R. Civ. P. 30(b)(6). <see order for specifics> Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 6/6/01 Page(s) 1 (djd) (Entered: 06/07/2001)

**UNFILED PER ORDER ENTERED ON 06/18/01**MOTION with memorandum in support by defendant City of Dallas for summary judgment (15+) (djd) Modified on 06/19/2001 (Entered: 06/18/2001)

UNOPPOSED MOTION by defendant City of Dallas for leave to file amended motion for summary jgm and amended brief in support of motion for summary jgm (15+) (exhibits not imaged) (vdf) (Entered: 06/19/2001)

UNOPPOSED MOTION by defendant City of Dallas to enlarge time to file appendix to amended brief in support of summary judgment (4) (vdf) (Entered: 06/19/2001)

ORDER unfiling [66-1] motion for summary judgment by defendant City of Dallas due to the following deficiency: The motion and brief are combined, there is no appendix, and the brief does not cite the appendix by specific page number. (SEE ORDER FOR SPECIFICS) Copies to counsel: 06/19/01 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (vdf) (Entered: 06/19/2001)

ORDER denying [67-1] motion for leave to file amended motion for summary jgm and amended brief in support of motion for summary jgm ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 6/20/01 Page(s) 1 (jrb) (Entered: 06/20/2001)

MOTION by defendant City of Dallas for summary judgment (2) (vdf) (Entered: 06/20/2001)

BRIEF by defendant City of Dallas in support of [71-1] motion for summary judgment (15+) (vdf) (Entered: 06/20/2001)

APPENDIX by defendant City of Dallas in support of [72-1] support memorandum (15+/USC) (Not Imaged) (vdf) (Entered: 06/20/2001)

NOTICE of attorney appearance for defendant City of Dallas by James B Pinson (Amy Bock designated lead counsel) (2) (djd) (Entered: 06/29/2001)

Unopposed MOTION by plaintiffs to extend deadline for filing a reply to the City's motion for summary judgment to 7/12/01 (2) (djd) Modified on 07/06/2001 (Entered: 07/06/2001)

Agreed ORDER granting [75-1] motion to extend deadline for filing a reply to the City's motion for summary judgment to Response to motion reset to 7/12/01 for [71-1] motion for summary judgment ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 7/6/01 Page(s) 1 (djd) (Entered: 07/06/2001)

***unfiled per order of 7/23/01***RESPONSE by plaintiff to [71-1] motion for summary judgment (15+/USC) (djd) Modified on 07/24/2001 (Entered: 07/13/2001)

***unfiled per order of 7/23/01***MEMORANDUM by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller in support of [77-1] motion response (15+) (djd) Modified on 07/24/2001 (Entered: 07/13/2001)

VOLUME 1 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC)(Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

VOLUME 2 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC)(Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

VOLUME 3 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

VOLUME 4 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

VOLUME 5 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

VOLUME 6 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) Modified on 07/13/2001 (Entered: 07/13/2001)

VOLUME 7 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) (Entered: 07/13/2001)

VOLUME 8 APPENDIX by plaintiffs in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) (Entered: 07/13/2001)

VOLUME 9 APPENDIX by plaintiff in support of [77-1] motion response (15+/USC) (Not Imaged) (djd) (Entered: 07/13/2001)

ORDER unfiling [77-1] motion response, unfiling [78-1] support memorandum...dft's reply brief shall not be due until 15 days after plaintiffs file the required pleadings. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 7/24/01 Page(s) 3 (jrb) (Entered: 07/24/2001)

ANSWER by defendant City of Dallas to first amended complaint and jury demand (6) (djd) (Entered: 07/31/2001)

RESPONSE by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller to [71-1] motion for summary judgment (2) (djd) (Entered: 08/07/2001)

MEMORANDUM by plaintiff Fred Crawford, plaintiff Mable Hayden, plaintiff George Thomas, plaintiff Dorothy Thomas, plaintiff Mattie Cooper, plaintiff L T Cooper, plaintiff Lessie Hollins, plaintiff John Adams, plaintiff Velma Harper, plaintiff Ronnie Miller in opposition to [71-1] motion for summary judgment (15+) (djd) (Entered: 08/07/2001)

MOTION by defendant City of Dallas to continue trial (4) (jrb) (Entered: 08/16/2001)

RESPONSE by plaintiffs in opposition to [92-1] motion to continue trial (2) (jyg) (Entered: 08/21/2001)

RULE 26(a)(3) DISCLOSURES/EXHIBIT LIST by plaintiffs (15+) (Exhibit not imaged.) (mlh) (Entered: 08/21/2001)

Pretiral Witness list by defendant City of Dallas (3) (cxj) (Entered: 08/21/2001)

Exhibit list by defendant City of Dallas (6) (mlh) (Entered: 08/22/2001)