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Court Docket
To read the briefs in this case, click on those that
are underlined in blue.
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Date Filed |
# |
Docket
Text |
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01/31/2005 |
1 |
COMPLAINT
for Damages and Declaratory Relief against all defendants filed
by WARD DEAN and KUMJA DEAN - Filing Fee $150.00, Receipt Number:
111519.,(laj, Pensacola) (Entered: 02/03/2005) |
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01/31/2005 |
|
Judge LACEY A COLLIER
and MILES DAVIS added to case. (laj, Pensacola) (Entered: 02/03/2005) |
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01/31/2005 |
2 |
Notice to Pro Se litigant
WARD DEAN and KUMJA DEAN. (laj, Pensacola) (Entered: 02/03/2005) |
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01/31/2005 |
3 |
Summons Issued as to
STEVE MCCANN, SHANNON RENAUD, PAUL HYBART, JAMES E HOWES, HOWARD
CHUNN, LLOYD BRYAN, KEITH WILKINS, JOHN DOES, ROBERT GAINES, ESCAMBIA
COUNTY COMMISSIONERS, JAMES H MARTIN, CHARLES E WALKER, G THOMAS
SMITH, JANET LANDER and MICHAEL GODWIN and returned to pltfs (at
time of case filing). (laj, Pensacola) (Entered: 02/03/2005) |
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02/04/2005 |
4 |
NOTICE of Appearance
by THOMAS FREDERIC GONZALEZ on behalf of ROBERT GAINES (GONZALEZ,
THOMAS) (Entered: 02/04/2005) |
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02/18/2005 |
5 |
MOTION for Extension
of Time to File Response/Reply to Complaint by PAUL HYBART,
JAMES E HOWES, HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA
COUNTY COMMISSIONERS, JAMES H MARTIN, CHARLES E WALKER, G THOMAS
SMITH, JANET LANDER, MICHAEL GODWIN. (PEPPLER, CHARLES) (Entered:
02/18/2005) |
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02/18/2005 |
6 |
First
MOTION to Dismiss and Memorandum by ROBERT GAINES. (Response
due by 3/8/2005) (GONZALEZ, THOMAS) (Entered: 02/18/2005) |
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02/21/2005 |
7 |
MOTION to Extend Time
to File Response to Plaintiffs' Complaint by STEVE MCCANN,
SHANNON RENAUD. (FROMM, BARBARA) (Entered: 02/21/2005) |
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02/22/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 5
MOTION for Extension of Time to File Response/Reply to Complaint
and 7
MOTION to Extend Time to File Response to Plaintiffs' Complaint.
(laj, Pensacola) (Entered: 02/22/2005) |
|
02/24/2005 |
8 |
ORDER - GRANTING 5
MOTION for Extension of Time to File Response/Reply to Complaint
filed by ESCAMBIA COUNTY COMMISSIONERS, JAMES H MARTIN, KEITH
WILKINS, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER, MICHAEL
GODWIN, PAUL HYBART, JAMES E HOWES, HOWARD CHUNN and LLOYD BRYAN.
Response due by 2/25/2005. Signed by Judge MILES DAVIS on 2/24/2005.
Motion terminated: 5
MOTION for Extension of Time to File Response/Reply to Complaint.
(laj, Pensacola) (Entered: 02/24/2005) |
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02/24/2005 |
9 |
ORDER - GRANTING 7
MOTION to Extend Time to File Response to Plaintiffs' Complaint
filed by STEVE MCCANN and SHANNON RENAUD. Response due by 2/28/2005.
Signed by Judge MILES DAVIS on 2/24/2005.
Motion terminated: 7
MOTION to Extend Time to File Response to Plaintiffs' Complaint.
(laj, Pensacola) (Entered: 02/24/2005) |
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02/25/2005 |
10 |
MOTION
to Dismiss & Memorandum of Law (hard copy of Appendix filed
separately) by PAUL HYBART, JAMES E HOWES, HOWARD CHUNN, LLOYD
BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS, JAMES H MARTIN,
CHARLES E WALKER, G THOMAS SMITH, JANET LANDER, MICHAEL GODWIN.
(Response due by 3/15/2005) (PEPPLER, CHARLES) (Entered: 02/25/2005) |
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02/25/2005 |
11 |
MOTION for Leave to
File Excess Pages for Memorandum of Law Accompanying Motion
to Dismiss by PAUL HYBART, JAMES E HOWES, HOWARD CHUNN, LLOYD
BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS, JAMES H MARTIN,
CHARLES E WALKER, G THOMAS SMITH, JANET LANDER, MICHAEL GODWIN.
(PEPPLER, CHARLES) (Entered: 02/25/2005) |
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02/25/2005 |
13 |
NOTICE of Filing Appendix
of Exhibits by PAUL HYBART, JAMES E HOWES, HOWARD CHUNN, LLOYD
BRYAN, KEITH WILKINS, JAMES H MARTIN, CHARLES E WALKER, G THOMAS
SMITH, JANET LANDER and MICHAEL GODWIN - Re: 10
MOTION to Dismiss & Memorandum of Law (hard copy of Appendix
filed separately). (laj, Pensacola) (Entered: 02/28/2005) |
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02/28/2005 |
12 |
MOTION for Summary
Judgment by STEVE MCCANN, SHANNON RENAUD. (Response due by 3/18/2005)
(Attachments: # 1
Affidavit of Steve McCann# 2
Affidavit Shannan Eddins (Renaud))(FROMM, BARBARA) (Entered: 02/28/2005) |
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02/28/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 11
MOTION for Leave to File Excess Pages for Memorandum of Law
Accompanying Motion to Dismiss. (laj, Pensacola) (Entered:
02/28/2005) |
|
03/01/2005 |
14 |
ORDER - GRANTING 11
Motion for Leave to Exceed Page Limitations for Memorandum of
Law Accompanying 10
Motion to Dismiss. Signed by Judge MILES DAVIS. (laj, Pensacola)
(Entered: 03/02/2005) |
|
03/03/2005 |
15 |
NOTICE of Appearance
by GINGER LYNNE BARRY on behalf of LLOYD BRYAN (BARRY, GINGER)
(Entered: 03/03/2005) |
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03/07/2005 |
16 |
MOTION for Extension
of Time to File Response/Reply as to 6
First MOTION to Dismiss and Memorandum by WARD DEAN and
KUMJA DEAN. (laj, Pensacola) (Entered: 03/09/2005) |
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03/09/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 16
MOTION for Extension of Time to File Response/Reply as to 6
First MOTION to Dismiss and Memorandum (file forthcoming).
(laj, Pensacola) (Entered: 03/09/2005) |
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03/10/2005 |
17 |
ORDER - GRANTING 16
Motion for Extension of Time to File Response/Reply - Re: 6
First MOTION to Dismiss and Memorandum - Response due by
3/15/2005. Signed by Judge MILES DAVIS. (laj, Pensacola) (Entered:
03/10/2005) |
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03/14/2005 |
18 |
NOTICE of Filing
Attorney Time Records Under Seal by ROBERT GAINES (GONZALEZ,
THOMAS) (Entered: 03/14/2005) |
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03/17/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Mile Davis notified that action is
needed - Re: Proposed Deficiency Orders - Motion for Enlargement
of Time and Response in Opposition to Motion to Dismiss. (laj,
Pensacola) (Entered: 03/17/2005) |
|
03/17/2005 |
19 |
Deficiency ORDER -
The document (Motion for Enlargement of Time to Respond to Defendants'
Motion to Dismiss) shall remain in the electronic file, but no
further pleadings will be accepted unless they comply with NORTHERN
DISTRICT OF FLORIDA local rules. Signed by Judge MILES DAVIS on
3/17/2005. (laj, Pensacola) (Entered: 03/17/2005) |
|
03/17/2005 |
20 |
Deficiency ORDER -
The document (Response in Opposition to Motion to Dismiss by Defendant
Robert P. Gaines and Request for Costs and Sanctions) shall remain
in the electronic file, but no further pleadings will be accepted
unless they comply with NORTHERN DISTRICT OF FLORIDA local rules.
Signed by Judge MILES DAVIS on 3/17/2005. (laj, Pensacola) (Entered:
03/17/2005) |
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03/17/2005 |
21 |
RESPONSE in Opposition
- Re: 6
First MOTION to Dismiss and Memorandum by Defendant ROBERT
P GAINES - filed by WARD DEAN and KUMJA DEAN - Attachments: #
1
Exhibit 1#; (2) Exhibit
2; # 3
Exhibit 3; # 4
Exhibit 4; # 5
Exhibit 5; # 6
Exhibit 6; # 7
Exhibit 7; # 8
Exhibit 8; # 9
Exhibit 9; # 10
Exhibit 10; # 11
Exhibit 11; # 12
Exhibit 12; # 13
Exhibit 13; # 14
Exhibit 14 and # 15
Exhibit 15, Exhibit
#17 - filed pursuant to #20, Order.(laj, Pensacola) (Entered:
03/17/2005) |
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03/17/2005 |
22 |
MOTION for Extension
of Time to File Response as to 10
MOTION to Dismiss and Memorandum of Law (hard copy of Appendix
filed separately) by WARD DEAN and KUMJA DEAN - filed pursuant
to #19, Order. (laj, Pensacola) Additional attachment(s) added
on 3/24/2005 (laj, Pensacola). (Entered: 03/17/2005) |
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03/17/2005 |
23 |
ORDER
- Re: 6
First MOTION to Dismiss and Memorandum filed by ROBERT
GAINES - a) The requested relief is DEFERRED. b) Because plaintiffs
have filed a lengthy and fact-specific response, defendant Gaines
should be allowed to reply. Any reply should be filed within fifteen
(15) days. At this time the court does not contemplate converting
the motion to dismiss into a motion for sumary judgment. Response
due by 3/31/2005. Signed by Judge MILES DAVIS on 3/17/2005. (laj,
Pensacola) (Entered: 03/17/2005) |
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03/17/2005 |
24 |
First
MOTION for Sanctions Pursuant to Rule 11(b) by ROBERT GAINES.
(Attachments: # 1
Exhibit A: Safe Harbor Letter and Service)(GONZALEZ, THOMAS) (Entered:
03/17/2005) - See
document 2. |
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03/21/2005 |
25 |
DOCKET ANNOTATION BY
COURT - Re: 18
Notice (Other) of Filing Attorney Time Records filed by ROBERT
GAINES - The event code for docketing "Attorney Time Records"
is found under Other Filings - Other Documents - Attorney Time
Records. (laj, Pensacola) (Entered: 03/21/2005) |
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03/22/2005 |
26 |
MOTION for Enlargement
of Time to File Response as to 10
MOTION to Dismiss & Memorandum of Law (hard copy of Appendix
filed separately) by WARD DEAN and KUMJA DEAN. (laj, Pensacola)
(Entered: 03/24/2005) |
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03/24/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 26
MOTION for Extension of Time to File Response/Reply as to 10
MOTION to Dismiss & Memorandum of Law (hard copy of Appendix
filed separately). (laj, Pensacola) (Entered: 03/24/2005) |
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03/25/2005 |
28 |
ORDER -GRANTED plaintiffs'
26
MOTION for Extension of Time to File Response/Reply as to 10
MOTION to Dismiss. The clerk shall refer the file to the undersigned
upon receipt of pltfs' response. (Response due by 3/29/2005).
Signed by Judge MILES DAVIS on 3/25/2005. (tnc, Pensacola) (Entered:
03/25/2005) |
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03/28/2005 |
29 |
RESPONSE in Opposition
to 10
MOTION
to Dismiss & Memorandum of Law (hard copy of
Appendix filed separately). (laj, Pensacola) (Entered: 03/29/2005) |
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03/28/2005 |
30 |
MOTION to Dismiss Defendant
Shannon Renaud (Eddins) and Rule 56(f) MOTION to Defer Consideration
of Defendant Steve McCann's 12
MOTION for Summary Judgment Until Discovery Can Be Obtained (Response
due by 4/15/2005).(laj, Pensacola) (Entered: 03/29/2005) |
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03/28/2005 |
31 |
Declaration/RESPONSE
in Support of 30
Rule 56(f) MOTION to Defer Consideration of Defendant Steve McCann's
12
MOTION for Summary Judgment Until Discover Can Be Obtained and
in Support of 29
Response in Opposition to Escambia Officials 10
Motion to Dismiss filed by WARD DEAN. (laj, Pensacola) (Entered:
03/29/2005) |
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03/29/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 6
First MOTION to Dismiss and Memorandum and 21
Response; 10
MOTION to Dismiss & Memorandum of Law (hard copy of Appendix
filed separately) and 29
Response in Opposition to Motion (file forthcoming). (laj, Pensacola)
(Entered: 03/29/2005) |
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03/30/2005 |
32 |
NOTICE of Filing
Attorney Time Records Under Seal by PAUL HYBART, JAMES E HOWES,
HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN (PEPPLER, CHARLES) (Entered: 03/30/2005) |
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03/31/2005 |
33 |
REPLY to Response to
Motion re 6
First MOTION to Dismiss and Memorandum filed by ROBERT
GAINES. (Attachments: # 1
Affidavit Gaines Affidavit# 2
Affidavit Gonzalez Affidavit# 3
Exhibit www.warddeanmd.com/property.htm)(GONZALEZ, THOMAS) (Entered:
03/31/2005) |
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03/31/2005 |
34 |
NOTICE of Adoption
of Doc. 13 (Appendix) by ROBERT GAINES re 13
Notice (Other), Notice (Other) (GONZALEZ, THOMAS) (Entered: 03/31/2005) |
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03/31/2005 |
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ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 33
Reply to Response to Motion and 34
Notice of Adoption. (laj, Pensacola) (Entered: 03/31/2005) |
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04/01/2005 |
35 |
ORDER - Re: 30
MOTION to Defer Consideration is GRANTED as follows: 1) Plaintiffs
shall have (45) days to conduct discovery concerning the participation
of Deputy McCann in the events set out in the Complaint. 2) Plaintiffs
must file their opposition to Deputy McCann's Motion for Summary
Judgment no later than 5/31/2005. It is further ordered that all
other discovery is STAYED. No other discovery shall be had as
to any other party or issue until further order of the Court.
REPORT AND RECOMMENDATION - That plaintiffs' Motion to Dismiss
Defendant Shannon Renaud as a party be GRANTED. Objections to
R&R due by 4/29/2005. Signed by Judge MILES DAVIS on 4/1/2005.
(laj, Pensacola) (Entered: 04/01/2005) |
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04/01/2005 |
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Set Deadline for response
to 12
Motion for Summary Judgment due by 5/31/2005 (pursuant to #35,
Order). (laj, Pensacola) (Entered: 04/01/2005) |
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04/05/2005 |
36 |
ATTORNEY TIME RECORDS
by LLOYD BRYAN. (Attachments: # 1
Summary of Attorney Fee Records)(JOHNSON, KELLY) (Entered: 04/05/2005) |
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04/07/2005 |
37 |
ATTORNEY TIME RECORDS
by ROBERT GAINES. (GONZALEZ, THOMAS) (Entered: 04/07/2005) |
|
04/13/2005 |
38 |
NOTICE of Filing
Attorney Time Records Under Seal by PAUL HYBART, JAMES E HOWES,
HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN (PEPPLER, CHARLES) (Entered: 04/13/2005) |
|
04/14/2005 |
39 |
DOCKET ANNOTATION BY
COURT - Re: 38 Notice (Other) of Filing Attorney Time Records
- filed by ESCAMBIA COUNTY COMMISSIONERS, et al - The event code
for docketing "Attorney Time Records" is found
under Other Filings - Other Documents - Attorney
Time Records. (laj, Pensacola) (Entered: 04/14/2005) |
|
04/20/2005 |
40 |
Submission
of Supplemental Authority in Support of Their RESPONSES -
Re: 29
Response in Opposition to Motion and 21
Response in Opposition to Motion by WARD DEAN and KUMJA DEAN.
(laj, Pensacola) (Entered: 04/21/2005) |
|
04/20/2005 |
41 |
ORDER - Accordingly,
it is ORDERED that the portion of court's order at doc.
35, which granted plaintiffs time to conduct discovery with respect
to defendant McCann, is VACATED. No discovery shall be had, and
no party is required to respond to any pending motion, other than
making their objections, if any, to this report and recommendation,
until such time as the district judge accepts or rejects it.
REPORT AND RECOMMENDATION
- Further, it is respectfully RECOMMENDED that this
action be dismissed with prejudice for lack of subject matter
jurisdiction. The court should retain its inherent jurisdiction
to consider any subsequent claims for attorney fees or Rule 11
or other sanctions, and this case should be referred back to the
undersigned for ruling on the pending Rule 11 motion. Objections
to R&R due by 5/18/2005. Signed by Judge MILES DAVIS on 4/20/2005.
(laj, Pensacola) (Entered: 04/21/2005) |
|
05/04/2005 |
42 |
OBJECTIONS to 41
Report
and Recommendation by WARD DEAN and KUMJA DEAN. (laj, Pensacola)
(Entered: 05/04/2005) |
|
05/04/2005 |
43 |
ORDER ADOPTING 35
REPORT AND RECOMMENDATION - The
pltf's Motion to Dismiss dft Shannon Renaud as a party defendant
(doc. 30) is GRANTED. Signed by Judge LACEY A COLLIER on 5/4/2005.
(laj, Pensacola) (Entered: 05/04/2005) |
|
05/04/2005 |
44 |
ORDER ADOPTING 41
REPORT AND RECOMMENDATION - This
action is dismissed with prejudice for lack of subject matter
jurisdiction. The court will retain its inherent jurisdiction
to consider any subsequent claims for attorney fees or Rule 11
or other sanctions, and this case is referred back to the magistrate
judge for ruling on the pending Rule 11 motion. Signed by Judge
LACEY A COLLIER on 5/4/2005. (laj, Pensacola) (Entered: 05/04/2005) |
|
05/04/2005 |
45 |
CLERK'S
JUDGMENT - That the pltfs take nothing and this action is dismissed
with prejudice for lack of subject matter jurisdiction. (laj,
Pensacola) (Entered: 05/04/2005) |
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05/05/2005 |
|
ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - pursuant to 44
Order Adopting Report and Recommendation. (laj, Pensacola) (Entered:
05/05/2005) |
|
05/10/2005 |
46 |
NOTICE of Filing
Attorney Time Records by STEVE MCCANN, SHANNON RENAUD, PAUL
HYBART, JAMES E HOWES, HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS,
ESCAMBIA COUNTY COMMISSIONERS, JAMES H MARTIN, CHARLES E WALKER,
G THOMAS SMITH, JANET LANDER, MICHAEL GODWIN (PEPPLER, CHARLES)
(Entered: 05/10/2005) |
|
05/12/2005 |
47 |
ATTORNEY TIME RECORDS
by ROBERT GAINES. (GONZALEZ, THOMAS) (Entered: 05/12/2005) |
|
05/12/2005 |
48 |
ATTORNEY TIME RECORDS
by LLOYD BRYAN. (Attachments: # 1
Summary of Attorney Fee Records)(JOHNSON, KELLY) (Entered: 05/12/2005) |
|
05/23/2005 |
49 |
MOTION for Attorney
Fees and Memorandum of Law by PAUL HYBART, JAMES E HOWES,
HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN. (PEPPLER, CHARLES) (Entered: 05/23/2005) |
|
06/01/2005 |
50 |
ORDER CONCERNING PENDING
MOTIONS - 24
First MOTION for Sanctions Pursuant to Rule 11(b) and 49
MOTION
for Attorney Fees and Memorandum of Law - 1) The moving
parties shall, within five (5) days, proceed and certify in accordance
with Loc. R. 54.1(C). 2) If the parties are unable to settle,
plaintiffs shall file their Loc. R. 54.1(D) memoranda on liability
within ten (10) days after the Loc. R. 54.1(C) certification is
filed. Response due by 6/6/2005. Signed by Judge MILES DAVIS on
6/1/2005. (laj, Pensacola) (Entered: 06/01/2005) |
|
06/02/2005 |
51 |
NOTICE of Filing
Attorney Time Records by PAUL HYBART, JAMES E HOWES, HOWARD
CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN (PEPPLER, CHARLES) (Entered: 06/02/2005) |
|
06/03/2005 |
52 |
ATTORNEY TIME RECORDS
by ROBERT GAINES. (GONZALEZ, THOMAS) (Entered: 06/03/2005) |
|
06/06/2005 |
53 |
CERTIFICATE of Counsel
re 50
Order,,, Set Deadlines,, Pursuant to N.D. Fla. Loc. R. 54.1(C)
by CHARLES VINCENT PEPPLER on behalf of PAUL HYBART, JAMES E HOWES,
HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN (PEPPLER, CHARLES) (Entered: 06/06/2005) |
|
06/06/2005 |
54 |
DOCKET ANNOTATION BY
COURT - Re: 51
Notice (Other) of Filing Attorney Time Records filed by ESCAMBIA
COUNTY COMMISSIONERS, et al - The event code for docketing "Attorney
Time Records" is found under Other Filings - Other
Documents - Attorney Time Records. (laj, Pensacola)
(Entered: 06/06/2005) |
|
06/06/2005 |
55 |
CERTIFICATE of Counsel
of Compliance with Local Rule 54.1(C) by THOMAS FREDERIC
GONZALEZ on behalf of ROBERT GAINES (GONZALEZ, THOMAS) (Entered:
06/06/2005) |
|
06/06/2005 |
56 |
RESPONSE in Opposition
to 49
MOTION
for Attorney Fees and Memorandum of Law by WARD DEAN and
KUMJA DEAN. (laj, Pensacola) (Entered: 06/07/2005) |
|
06/07/2005 |
57 |
ORDER
- That this matter is referred to the magistrate judge to conduct
further proceedings on any and all claims for sanctions and attorney
fees or costs under Rule 11 or Loc. R. 54.1, to conduct any necessary
hearings, to act as special master as provided by Loc. R. 54.1(F)
if no settlement is reached, and to file a report and recommendation
with the court concerning his conclusions. Signed by Judge LACEY
A COLLIER on 6/7/2005. (laj, Pensacola) (Entered: 06/07/2005) |
|
06/09/2005 |
58 |
ATTORNEY TIME RECORDS
by LLOYD BRYAN. (JOHNSON, KELLY) (Entered: 06/09/2005) |
|
06/17/2005 |
|
ACTION REQUIRED BY
CHAMBERS - Chambers of Judge Miles Davis notified that action
is needed - Re: 53
Certificate of Counsel, 55
Certificate of Counsel, 56
Memorandum in Opposition and 57
Order. (laj, Pensacola) (Entered: 06/17/2005) |
|
07/12/2005 |
59 |
ATTORNEY TIME RECORDS
by LLOYD BRYAN. (JOHNSON, KELLY) (Entered: 07/12/2005) |
|
07/14/2005 |
60 |
NOTICE of Filing
Attorney Time Records by PAUL HYBART, JAMES E HOWES, HOWARD
CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN (PEPPLER, CHARLES) (Entered: 07/14/2005) |
|
08/08/2005 |
63 |
INTERIM
FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO ATTORNEY FEES
AND RULE 11 SANCTIONS AND ORDER - Accordingly, it is ORDERED,
that the parties shall now proceed in accordance with Loc. R.
54.1 (E) (and this interim report shall be treated as an "order
determining liability" for purposes of the Rule), after which
the undersigned will proceed as Special Master as earlier ordered
by the district judge (doc. 57). If plaintiff Ward Dean wishes
for the court to consider his ability to pay as a factor in determining
the fees, he should file appropriate documentation. Baker v. Alderman,
158 F.3d 516, 528-29 (11th Cir. 1998). Signed by Judge MILES DAVIS
on 8/8/2005. (laj, Pensacola) (Entered: 08/08/2005) |
|
08/11/2005 |
64 |
NOTICE of Filing
Attorney Time Records by PAUL HYBART, JAMES E HOWES, HOWARD
CHUNN, LLOYD BRYAN, KEITH WILKINS, ESCAMBIA COUNTY COMMISSIONERS,
JAMES H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER,
MICHAEL GODWIN (PEPPLER, CHARLES) (Entered: 08/11/2005) |
|
08/19/2005 |
65 |
MOTION for Attorney
Fees Pursuant to Loc.R.54.1(C) by ROBERT GAINES. (Attachments:
# 1
Exhibit 1 Gonzalez Affidavit# 2
Exhibit 2 Atty Time Filings# 3
Exhibit 3 Trawick Filing)(GONZALEZ, THOMAS) (Entered: 08/19/2005) |
|
08/22/2005 |
66 |
NOTICE
of Compliance with N.D. Fla. Loc. R. 54.1(E) and with the Interim
Findings of Fact and Conclusions of Law Relating to Attorney's
Fees and Rule 11 Sanctions and Order Dated August 8, 2005
by PAUL HYBART, JAMES E HOWES, HOWARD CHUNN, LLOYD BRYAN, KEITH
WILKINS, ESCAMBIA COUNTY COMMISSIONERS, JAMES H MARTIN, CHARLES
E WALKER, G THOMAS SMITH, JANET LANDER, MICHAEL GODWIN re 63
Order,, (PEPPLER, CHARLES) (Entered: 08/22/2005) |
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09/13/2005 |
67 |
ORDER
- That pltf, WARD DEAN, shall file and serve his compliance with
Loc. R. 54.1(E)(4) no later than Wednesday, September 21, 2005,
failing which the court will recommend that fees be awarded as
requested. Signed by Judge MILES DAVIS on 9/13/2005. (laj, Pensacola)
(Entered: 09/13/2005) |
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09/15/2005 |
68 |
ATTORNEY
TIME RECORDS by LLOYD BRYAN. (JOHNSON, KELLY) (Entered: 09/15/2005) |
| 09/21/2005 |
69 |
MOTION
to Enlarge Deadline to Comply with this Court's Order of 9/13/2005
to File and Serve Compliance with Local Rule 54.1(E)(4) by WARD
DEAN and KUMJA DEAN. (laj, Pensacola) (Entered: 09/22/2005) |
| 09/22/2005 |
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ACTION
REQUIRED BY CHAMBERS - Chambers of Judge Miles Davis notified that
action is needed - Re: 69 MOTION to Enlarge Deadline to Comply With
This Court's Order of 9/13/2005 to File and Serve Compliance With
Local Rule 54.1(E)(4). (laj, Pensacola) (Entered: 09/22/2005) |
| 09/22/2005 |
70 |
RESPONSE
to Motion re 69 MOTION for Extension of Time to File Response/Reply
as to 67 Order,, Set Deadlines, filed by PAUL HYBART, JAMES E HOWES,
HOWARD CHUNN, LLOYD BRYAN, ESCAMBIA COUNTY COMMISSIONERS, JAMES
H MARTIN, CHARLES E WALKER, G THOMAS SMITH, JANET LANDER, MICHAEL
GODWIN. (PEPPLER, CHARLES) (Entered: 09/22/2005) |
| 09/23/2005 |
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ACTION
REQUIRED BY CHAMBERS - Chambers of Judge Lacey A. Collier notified
that action is needed - Re: 70 Response to 69 Motion. (laj, Pensacola)
(Entered: 09/23/2005) |
| 09/23/2005 |
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(Corrected)
ACTION REQUIRED BY CHAMBERS - Chambers of Judge Miles Davis notified
that action is needed - Re: 70 Response to Motion (mistakenly referred
to Judge Collier). (laj, Pensacola) (Entered: 09/23/2005) |
| 09/23/2005 |
71 |
ORDER
- GRANTING 69 Motion to Enlarge Deadline to Comply With This Court's
Order of 9/12/2005 to File and Serve Compliance with Local Rule
54.1(E)(4).Response due by 9/28/2005. Signed by Judge MILES DAVIS.
(laj, Pensacola) (Entered: 09/23/2005) |
| 09/28/2005 |
72 |
RESPONSE/Rejection
of All Defendants' Motions for Attorney's Fees (docs. #49, #65)
- Re: 63 Order - by WARD DEAN and KUMJA DEAN. (laj, Pensacola) (Entered:
09/28/2005) |
| 10/03/2005 |
73 |
RESPONSE
re 72 Response to Plaintiffs' Rejection of Attorney's Fees by PAUL
HYBART, JAMES E HOWES, HOWARD CHUNN, LLOYD BRYAN, KEITH WILKINS,
ESCAMBIA COUNTY COMMISSIONERS, JAMES H MARTIN, CHARLES E WALKER,
G THOMAS SMITH, JANET LANDER, MICHAEL GODWIN. (PEPPLER, CHARLES)
(Entered: 10/03/2005) |
| 10/10/2005 |
74 |
ATTORNEY
TIME RECORDS by LLOYD BRYAN. (JOHNSON, KELLY) (Entered: 10/10/2005) |
| 11/04/2005 |
75 |
SPECIAL
MASTER REPORT AND RECOMMENDATION - 1) That the court adopt the undersigned's
Intermin Finding of Facts and Conclusions of Law Relating to Attonrney
Fees and Rule 11 Sanctions (doc. 63) as it order determining liability.
2) That the court adopt this Report and Recommendation of Special
Master. 3) That the court order pltf, WARD DEAN, M.D., to pay the
sum of $5,850.00 to the Board of County Commissioners of Escambia
County, FL, c/o Charles Pepper, Esq., 14 West Government Street,
Pensacola, FL 32522, as reasonable attorney fees, within (30) days.
4) That the court order pltf, WARD DEAN, M.D., to pay the sum of
$11,136.94 to Robert P. Gaines, c/o Thomas F. Gonzalea, Esq., P.
O. bOx 12950, Pensacola, FL 32591-2950, as a sanction for violating
Rule 11, such sanction to be in the form of reasonable attorney
fees and costs, within (30) days. 5) That the clerk be directed
to enter judgment against WARD DEAN and in favor of the BOARD OF
COUNTY COMMISSIONER OF ESCAMBIA COUNTY, FL and Robert Gaines in
the foregoing amounts. Objections to R&R due by 11/21/2005.
Signed by Judge MILES DAVIS on 11/4/2005. (laj, Pensacola) (Entered:
11/04/2005) |
| 11/17/2005 |
76 |
OBJECTION
to 75 SPECIAL MASTER REPORT AND RECOMMENDATION. (laj, Pensacola)
(Entered: 11/18/2005) |
| 11/22/2005 |
77 |
ORDER
ADOPTING 75 SPECIAL MASTER'S REPORT AND RECOMMENDATION - 1) The
Magistrate 63 Interim Findings of Fact and Conclusions of Law Relating
to Attorney Fees and Rule 11 Sanctions are adopted. 2) Ward Dean,
M.D. shall pay the sum of $5,580.00 to the Board of County Commissioners
of Escambia County, FL, c/o Charles Peppler, Esq., 14 West Government
Street, Pensacola, FL 32502, as reasonable attorney fees, within
(30) days. 3) Ward Dean, M.D. shall pay the sum of $11,136.94 to
Robert P. Gaines, c/o Thomas F. Gonzalez, Esq., Post Office Box
12950, Pensacola, FL 32591-2950, as a sanction for violating Rule
11, such sanction to be in the form of reasonable attorney fees
and costs, within (30) days. 4) The clerk is directed to enter Judgment
against Ward Dean and in favor the of the Board of County Commissioner's
of Escambia County, FL and Robert P. Gaines in the foregoing amounts.
Signed by Judge LACEY A COLLIER on 11/22/2005. (laj, Pensacola)
(Entered: 11/23/2005) |
| 11/23/2005 |
78 |
CLERK'S
JUDGMENT in favor of defendants BOARD OF COUNTY COMMMISIONERS of
ESCAMBIA COUNTY, FL and ROBERT P. GAINES and against plaintiff WARD
DEAN, M.D. (laj, Pensacola) (Entered: 11/23/2005) |
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