MIDDLE DISTRICT OF TENNESSEE (Northeastern)
CIVIL DOCKET FOR CASE #: 97-CV-38
Holt, et al v. Cookeville, City of, et al
Filed: 04/15/97
Assigned to: Judge Robert L. Echols
Jury demand: Both
Referred to: Magistrate Judge Juliet E. Griffin
Demand: $2,250,000
Nature of Suit: 442
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 42:1983 Civil Rights Act
RICHARD M. HOLT Ernest Wilson Williams pltf [COR LD NTC] 320 Main Street Suite 101 Franklin, TN 37064 (615) 794-7100 John David Schwalb [COR LD NTC] Spicer, Flynn & Rudstrom 211 Seventh Avenue, N Suite 500 Nashville, TN 37219-1823 (615) 259-9080 EDITH M. HOLT Ernest Wilson Williams pltf (See above) [COR LD NTC] John David Schwalb (See above) [COR LD NTC] v. CITY OF COOKEVILLE, TENNESSEE Daniel Hurley Rader, III deft [COR LD NTC] Moore, Rader, Clift & Fitzpatrick, P.C. P O Box 3347 Cookeville, TN 38502 (931) 526-3311 JIM SHIPLEY, individually and Robert H. Watson, Jr. as City Manager of Cookeville, [COR LD NTC] TN Watson, Hollow & Reeves, P.L.C. deft 1700 First Tennessee Plaza P O Box 131 800 S Gay Street Knoxville, TN 37901-0131 (423) 637-1700
4/15/97 1 COMPLAINT (Summons(es) issued) Filing fee paid in the amount of : $150 Receipt # 57254 (af) [Entry date 04/16/97] 4/15/97 2 NOTICE of Initial Case Management Conference Case referred to Magistrate Judge William J. Haynes Jr., ; Case Management Conference set for 11:30 5/28/97 (af) [Entry date 04/16/97] 4/23/97 3 ATTORNEY APPEARANCE for deft Jim Shipley by Robert H. Watson Jr. (dm) 4/23/97 3 MOTION by deft Jim Shipley to extend time to answer cmp until 5/25/97 (Motion on same pleading as attorney appearance) (Attached proposed order gr mtn [3] (dm) 4/29/97 4 AGREED ORDER approved by Magistrate Judge William J. Haynes Jr. granting motion to extend time to answer cmp until 5/25/97 [3-1] (cc: all counsel) EOD 4/29/97 (dm) 4/30/97 -- RETURN OF SERVICE executed upon deft Jim Shipley on 4/21/97 (dm) [Entry date 05/01/97] 5/2/97 5 ATTORNEY APPEARANCE for deft City of Cookeville by Daniel Hurley Rader III (dm) [Entry date 05/05/97] 5/9/97 -- RETURN OF SERVICE executed upon deft City of Cookeville on 4/21/97 (dm) [Entry date 05/13/97] 5/15/97 6 ANSWER by deft Jim Shipley to [1-1] (dm) 5/29/97 7 CLERK'S RESUME: Case Management Conference held 5/28/97. Second Case Management Conference set for 2:00 on 6/1/97. C/R: Taped (dm) 6/10/97 8 ANSWER by deft Cookeville, City of to [1-1]; jury demand (af) [Entry date 06/11/97] 9/8/97 9 NOTICE by pltfs' attorney, John D. Schwalb, of change of address (dm) 9/25/97 -- PROPOSED Initial Case Management Order (dm) 9/29/97 10 AGREED INITIAL CASE MANAGEMENT ORDER approved by Magistrate Judge William J. Haynes Jr.: Written discovery ddl: 2/13/98. Oral discovery ddl: 6/5/98. Rule 12 dispositive filing motion ddl: 8/15/97. Rule 56 dispositive fiing motion ddl: 6/19/98. Case Management Conference held 5/28/97. Case Management Telephone Conference set for 2:00 on 6/1/98 (cc: all counsel) EOD 9/29/97 (dm) 2/10/98 11 ORDER by Judge John T. Nixon: Case reassigned to Judge John T. Nixon (cc: all counsel) EOD 2/11/98 (dm) [Entry date 02/11/98] 3/9/98 12 ORDER by Magistrate Judge William J. Haynes Jr.: Status conference set for 1:20 on 4/30/98 in Cookeville. EOD 3/10/98 (cc: all counsel) (gi) [Entry date 03/10/98] 6/1/98 13 CLERK'S RESUME; Case Management Conference held 6/1/98; C/R : taped (ts) 8/12/98 14 MOTION by deft Cookeville, City of for summary judgment (pa) 8/12/98 15 MEMORANDUM by deft Cookeville, City of in support of motion for summary judgment [14-1] (pa) 8/12/98 16 STATEMENT of Material facts, by deft Cookeville, City of in support of [14-1] (pa) 8/13/98 17 MOTION by deft Jim Shipley for summary judgment (dm) 8/13/98 18 MEMORANDUM by deft Jim Shipley in support of motion for summary judgment [17-1] (w/copies of depositions of Richard M. Holt [Volume I and II], and Jim Shipley) (dm) 8/13/98 19 STATEMENT of facts by deft Jim Shipley in support of [17-1] (dm) 8/18/98 20 MAGISTRATE JUDGE'S REPORT by Magistrate Judge William J. Haynes Jr.: There will be no further proceedings before the Magistrate Judge (cc: all counsel) EOD 8/19/98 (dm) [Entry date 08/19/98] 9/4/98 21 MEMORANDUM IN OPPOSITION by pltfs to motions for summary judgment [17-1], [14-1] (w/attachments A and B) (dm) [Entry date 09/08/98] 9/4/98 22 NOTICE by pltfs of filing deposition of Bettye B. Vaden in support of DE [21] (dm) [Entry date 09/08/98] 9/4/98 23 DEPOSITION of Bettye B. Vaden taken on the following date(s): 6/29/98 (Disk not enclosed) (dm) [Entry date 09/08/98] 9/4/98 24 RESPONSE by pltfs to deft Shipley's Statement [19-1] (dm) [Entry date 09/08/98] 9/4/98 25 RESPONSE by pltfs to deft City of Cookeville's Statement [16-1] (dm) [Entry date 09/08/98] 12/22/98 26 ORDER of recusal by Judge John T. Nixon; Case reassigned to Judge Robert L. Echols (cc: all counsel) (EOD 1/6/99) (tlc) [Entry date 01/06/99] 3/1/99 27 MEMORANDUM OF THE COURT (cc: all counsel) EOD 3/2/99 (dm) [Entry date 03/02/99] 3/1/99 28 ORDER by Judge Robert L. Echols granting in part and denying in part motions for summary judgment [17-1] and [14-1]. Mtns are gr with regard to plt Richar Holt's claims brought under the TN PUblic Protection Act., Nenn. Code Ann. 50-1304 (1997); the TN Human Rights Act, Tenn. Code Ann. 4-21-101 (1997); and TN common law. They are gr with regard to pltf Edith Holt's claim of loss of consortium and other damages. They are denied with regard to pltf Richard Holt's claim brought against the City of Cookeville and Jim Shipley pursuant to 42 U.S.C. 1983 (1998). Case referred to Magistrate Judge William J. Haynes Jr. for further case management pursuant to Local Rule 11 (cc: all counsel) EOD 3/2/99 (dm) [Entry date 03/02/99] 3/24/99 29 ORDER by Magistrate Judge William J. Haynes Jr.: Telephonic Status conference set for 4:00 on 4/7/99 (cc: all counsel) EOD 3/24/99 (dm) 10/29/99 30 ORDER by Magistrate Judge William J. Haynes Jr.; Telephone status conference set for 9:30 11/5/99; The Magistrate Judge's office will initiate the call. (cc: all counsel) (EOD 10/29/99) (jb) 11/24/99 31 ORDER by Magistrate Judge William J. Haynes Jr.; Settlement conference set for 9:00 1/19/99; Attys shall be present with full settlement authority, or the ptys or their representatives shall be present with the attys or available by telephone. Three days prior to the scheduled conference, pltf & deft shall deliver UNDER SEAL, directly to Judge Haynes' chambers, ex parte separate settlement conference statement which shall specify their respective settlement positions. (cc: all counsel) (EOD 11/24/99) (jb) [Edit date 12/07/99] 12/8/99 32 ORDER by Judge Robert L. Echols; Case reassigned to Magistrate Judge Juliet E. Griffin per the appointment of the Hon. William J. Haynes, Jr. as a U.S. District Judge.; All scheduled ddls will remain in effect. (cc: all counsel) (EOD 12/8/99) (jb) 1/19/00 33 ORDER by Judge William J. Haynes (Article III) Jr.; Settlement Conference is reset for 9:00 2/4/00 in courtroom 661; The attys shall be present with full settlement authority, or the ptys or their representatives shall be present with the attys or available by telephone. Three days prior to the scheduled conference, pltf & deft shall deliver UNDER SEAL directly to Judge Haynes' chambers, ex parte separate settlement conference statements which shall specify their respective settlement positions. (cc: all counsel) (EOD 1/19/00) (jb) 2/4/00 34 CLERK'S RESUME: Settlement Conference held 2/4/00 (jb) [Entry date 02/07/00] 5/2/00 35 ORDER by Judge William J. Haynes Jr.; Judicial Settlement Conference held on 2/4/00; No settlement was reached. I hereby recuse myself from further proceedings. (cc: all counsel) (EOD 5/3/00) (jb) [Entry date 05/03/00] 5/4/00 36 ORDER by Magistrate Judge Juliet E. Griffin; Final Case Management Conference set for 2:00 5/23/00 (cc: all counsel) (EOD 5/5/00) (jb) [Entry date 05/05/00] 5/31/00 37 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 5/23/00; Discovery ddl set for 12/31/00; Joint Proposed Pretrial Order ddl 3/19/01; Pretrial Conference set 1:00 3/26/01 in Nashville; Jury Trial set for 9:00 4/30/01 in Cookeville. (cc: all counsel) (EOD 5/31/00) (jb)
5/2/00 35 ORDER by Judge William J. Haynes Jr.; Judicial Settlement Conference held on 2/4/00; No settlement was reached. I hereby recuse myself from further proceedings. (cc: all counsel) (EOD 5/3/00) (jb) [Entry date 05/03/00] 5/4/00 36 ORDER by Magistrate Judge Juliet E. Griffin; Final Case Management Conference set for 2:00 5/23/00 (cc: all counsel) (EOD 5/5/00) (jb) [Entry date 05/05/00] 5/31/00 37 ORDER by Magistrate Judge Juliet E. Griffin; Telephone Conference held 5/23/00; Discovery ddl set for 12/31/00; Joint Proposed Pretrial Order ddl 3/19/01; Pretrial Conference set 1:00 3/26/01 in Nashville; Jury Trial set for 9:00 4/30/01 in Cookeville. (cc: all counsel) (EOD 5/31/00) (jb) 1/10/01 38 FINAL CASE MANAGEMENT ORDER by Magistrate Judge Juliet E. Griffin; There will be no further proceedings before the Magistrate Judge in this case. Terminating case referral to Magistrate Judge Juliet E. Griffin. (cc: all counsel) (EOD 1/10/01) (jb) 1/10/01 39 MOTION by defts for order to preclude the testimony of any present or former police officers of the City of Cookeville who made statements, either oral or written at the behest of or with the knowledge of the pltf, Richard Holt, within two weeks of his termination (w/attachment) (jb) 1/16/01 40 MOTION by deft City of Cookeville to alter or amend case management order (w/attachment) (jb) [Entry date 01/17/01] 2/7/01 41 ORDER by Magistrate Judge Juliet E. Griffin granting motion for order to preclude the testimony of any present former police officers of City of Cookeville who made stmts, either oral or written at the behest of or w/ the knowledge of the pltf, Richard Holt, w/in two weeks his termination [39-1]; and granting motion to alter or amend case management order [40-1] see details in order. EOD 2/7/01 (cc: all counsel) (dlt) 2/20/01 42 PARTIAL OBJECTION by pltf Richard M. Holt to Report and Recommendation (w/attached exh. A) (jb) [Entry date 02/21/01] 2/26/01 43 RESPONSE by deft City of Cookeville to pltf's partial objection to R&R [42-1] (w/attachments) (jb)