DRY, et al
Plaintiffs
Vs
USA, et al
Defendants
1) 2-3-97 Complaint, Dry et. al. v. U.S.A., et. al
2) 3-17-97 Defendant Bob Rabon's (Robert Rabon Sr.) Motion For Enlargement of Time To Plead Or Answer
3 )3-17-97 Defendant Robert L. Rabon's (Robert Rabon Jr.) Motion For Enlargement of Time To Plead Or Answer
3.1) 3-18-97 Minute Order -Bob Rabon's Motion For Enlargement of Time to Plead or Answer filed 3-17-97 and deft Robert L. Rabon's Motion for Enlargement of Time to Plead or Answer filed 3-17-97 granted. Permitted until 60 days after service to file answer or other responsive pleading.
5) 3-20-97 Minute Order - Reed's Motion for Enlargement of Time to Plead or Answer filed 3-19-97 granted. Permitted 60 days after service to file an answer or other responsive pleading.
6) 3-24-97 Appearance On Behalf of Defendant Bob Rabon (Steidley & Neal)
7) 3-24-97 Answer of Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels
8) 3-24-97 Amended Answer of Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels
9) 3-24-97 Answer of Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Roland Bradford, Rebecca Johnson & Geraldine Grammar
10) 3-24-97 Amended Answer of Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Roland Bradford, Rebecca Johnson & Geraldine Grammar
11) 3-19-97 Defendant Kim Reed's Motion For Enlargement Time To Plead or Answer
12) 12 & 13 not this case
14) 4-9-97 Report of Rule 26 Meeting by Plaintiff & Defendant
16) 4-17-97 Minute Order -Pltf shall file an amended complaint pursuant to the discussions at the Status & Scheduling Conf of 4-14-97, no later than 4-23-97. Thereafter, Pltf shall effectuate service upon unserved defendants & provide the names & addressed of all such deft by 4-28-97.
17) 4-23-97 Joint Motion To Dismiss Defendants Roland Bradford & Geraldine Grammar
19) 4-24-97 Notice -Status & Scheduling Hearing for 5-12-97 @ 10:30 a.m.
20) 4-24-97 Minute Order -parties pursuant to Rule 26(e) to meet as soon as practicable, not less than 14 days prior to the Status & Scheduling Conf. Directed to file with the Clerk of Court a joint written report of such meeting four working days prior to the Status & Scheduling Conf.
21) 4-23-97 Minute Order -granting joint motion to dismiss deft Bradford & Grammar
21a) 4-30-97 Order Of Dismissal With Prejudice - granting motion to dismiss Bradford & Grammar, parties ordered to bear their own costs & atty fees.
22) 5-5-97 Motion For Extension of Time (Kim Reed & Robert L. Rabon)
23) 5-5-97 Motion For Extension of Time To Answer (USA, Bruce Babbitt, Ada E. Deere, Jim Fields, Perry Proctor, Dennis Springwater, Karen Ketcher, Curtis Wilson & Larry Mings)
24) 5-6-97 Answer To Amended Complaint Of Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels
25) 5-6-97 Answer To Amended Complaint Of Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson & Jimmy Long
26)5-9-97 Motion For Enlargement of Time To Plead Or Answer (Hoppy Denison, Bill Barrow, Mike Russell, Steven Flowers, Chris Welch, Kenneth Johnson & Blake Johnico)
27) 5-6-97 Motion To Dismiss of Defendant Bob Rabon
28) 5-6-97 Brief Of Defendant Bob Rabon In Support Of Motion To Dismiss
29) 5-6-97 Minute Order - Motion for Extension of Time by Reed and Rabon on 5-5-97 is granted. They shall answer or otherwise respond to the Amended Complaint filed herein no laterthan 5-21-97.
30) 5-6-97 Minute Order - Motion for Extension of Time to Answer filed by USA, Babbitt, Deere, Mings, Fields, Proctor, Ketcher, Springwater & Wilson on 5-5-97 is granted. They shall answer or otherwise respond to the Amended Complaint filed herein no later than 5-21-97.
31) 5-12-97 Second Report On Planning Meeting
33) 5-12-97 Plaintiffs' Response To Defendants HoppyDenison, Bill Barrow,Mike Russell, StevenFlowers, Chris Welch,Kenneth Johnson, BlakeJohnico's Motion ForEnlargement of TimeTo Plead or Answer
34) 5-12-97 Order -Status & Scheduling Conference
35) 5-13-97 Minute Order - Motion for Enlargement of Time to Plead or Answer by Denison, Barrow, Russell, Flowers, Welch, Johnson & Johnico on 5-9-97 is held in abeyance until such time as this Court is notified of whether the USA will represent these defts. In the interim, these defts shall not be required to answer or otherwise plead to the complaint.
36) 5-15-97 Motion To File Oversized Brief
37) 5-15-97 Minute Order - granting Pltf's Motion for Leave to file oversized brief response to deft Bob Rabon's Motion to Dismiss
38) 5-20-97 Motion For Extension Of Time To Answer Or Plead (USA, Babbitt, Deere, Fields, Proctor, Springwater, Ketcher, Wilson, Mings, Rabon & Reed)
39) 5-21-97 Minute Order - Motion for Extension of Time to Answer or Plead by USA, Babbitt, Deere, Fields, Proctor, Springwater, Ketcher, Wilson, Mings, Rabon & Reed filed 5-20-97 is granted. The moving defts shall be permitted until 6-20-97 by which to answer or otherwise plead in this action.
40) 5-19-97 Plaintiffs' Brief Response To Defendant Rabon's Motion To Dismiss
41) 5-23-97 Civil Notice - Notice mailed setting Pretrial Confe for 12-11-97 at 9 a.m. &setting Jury Trial for 1-5-98 at 9 a.m.
42) 5-30-97 Reply of Defendant Bob Rabon To Plaintiffs' Brief In Response To Defendant Bob Rabon's Motion To Dismiss
43) 6-11-97 Entry of Appearance for USA, Babbitt, Deere, Fields, Proctor, Springwater, Ketcher, Wilson, Mings, Robert L. Rabon, Reed, Denison, Barrow, Russell, Flowers & Welch by Cathryn McClanahan & Peter Barnhardt
44) 6-11-97 Notice of Department of Justice Representation Authorization & Request of Thirty Day Period Within Which To Respond To Amended Complaint
No 45-49 numbers used
50) 6-12-97 Settlement Conference Order
51) 6-12-97 Motion To Withdraw by Bruce Green & John Raley
52) 6-16-97 Notice of Substitution and Certification by USA
53) 6-12-97 Entry of Appearance for Kenneth Johnson & Blake Johnico (W.G. Steidley Jr)
54) 6-13-97 Motion For Extension Of Time By Defendants Johnson & Johnico
55) 6-13-97 Minute Order - Motion by Deft Denison, Barrow, Russell, Flowers, Welch, Johnson & Johnico for enlargement of time to plead or answer filed 5-9-97 hereby deemed Moot in light of the extension being granted by prior minute orders entered this date.
56) 6-13-97 Minute Order - granting defts motion filed 6-13-97 for Extension of Time to Answer or Otherwise Respond to theAmended Complaint, accordingly defts Johnson & Johnico shall file an Answer or otherwise Respond to the Amended Complaint no later than 7-14-97.
57) 6-13-97 Minute Order - granting defts request of 30 days to respond filed 6-11-97. Accordingly defts Dennison, Barrow, Russell, Flowers & Welch shall file an answer or otherwise respond to the amended complaint no later than 7-11-97.
58) 6-17-97 Order -granting the Motion by John Raley, Bruce Green to w/draw as attorneys of record
59) 6-18-97 Motion To Withdraw - Douglas Dry
60) 6-18-97 Entry of Appearance - Scott Kayla Morrison
61) 6-19-97 Defendant Robert L. Rabon's Motion To Dismiss AND Brief of Defendant Robert L. Rabon In Support of Motion To Dismiss
62) 6-19-97 Defendant Kim Reed's Motion To Dismiss AND Brief of Defendant Kim Reed In Support Of Motion To Dismiss
63) 6-20-97 Motion To Dismiss With Supporting Brief of USA, Babbitt, Deere, Fields, Proctor, Springwater, Ketcher, Wilson, Mings, Robert L. Rabon & Reed
64) 6-20-97 Answer (USA)
65) 6-24-97 Order of Substitution
66) 6-25-97 Motion To File Oversized Brief
67) 6-26-97 Minute Order - Motion to File Oversized Brief filed by Pltfs on 6-25-97 is granted.
68) 7-2-97 Motion For Extension Of Time
69) 7-2-97 Minute Order - granting PItfs motion for extension of time to respond to Motions to Dismiss filed by defts USA, Reed, Rabon, response to motions due 7-14-97
70) 7-3-97 Federal Defendants' Motion With Supporting Brief To Suspend Discovery, To Vacate Scheduling Order Including Trial Date And To Strike Jury Trial Setting
71) 7-7-97 Supplemental Answer (USA)
72 )No Number It's actually Number 40 72
73) 7-11-97 Defendant Hoppy Denison's Motion To Dismiss AND Brief
of Defendant Hoppy Denison In Support of Motion To Dismiss
74) 7-11-97 Motion To Dismiss of Defendants Bill Barrow, Mike Russell, Steven Flowers, & Chris Welch AND Brief of Defendants Bill Barrow, Mike Russell, Steven Flowers, & Chris Welch In Support of Motion To Dismiss
75) 7-14-97 Plaintiffs' Response To Defendant Robert L. Rabon's Motion To Dismiss
76) 7-14-97 Minute Order - granting Pltfs Motion for Extension of Time to Respond to Defts Motion To Dismiss, pltf s Response to be filed no later than 7-21-97.
77) 7-16-97 Minute Order - motion to withdraw filed by Dry Pro Se, on 6-18-97 granted.
78) 7-14-97 Motion To Dismiss Of Defendants Kenneth Johnson & Blake Johnico AND Brief Of Defendants Kenneth Johnson & Blake Johnico In Support Of Motion To Dismiss
79) 7-14-97 Motion for Extension Of Time
80) 7-14-97 Plaintiffs' Response To Defendant Kim Reed's Motion To Dismiss
81) 7-18-97 Motion For Extension Of Time By Defendants Robert L. Rabon
82) 7-21-97 Minute Order - Motion for Extension of time by deft Robert L. Rabon of 7-18-97 granted. Shall file reply to pltf's response to deft Rabon's motion to dismiss no later than 8-11-97.
83) 7-22-97 Plaintiff s Response To The Motion To Dismiss Filed on Behalf Of The United State of America, Bruce Babbitt, Ada Deere, Jim Fields, Perry Proctor, Dennis Springwater, Karen Ketcher, Curtis Wilson, Larry Mings, Robert L. Rabon, & Kim Reed
84) 7-23-97 Minute Order -Pltf s shall file a response to Fed Deft's Motion with Supporting Brief to Suspend Discovery, to Vacate the Scheduling Order including Trial Date and to Strike Jury Trial setting which was filed 7-3-97 no later than 7-30-97.
85) 7-23-97 Plaintiffs' Response To Defendants', Bill Barrow, Mike Russell, Steven Flowers & Chris Welch, Motion To Dismiss
86) 7-23-97 Plaintiffs' Response To Defendant Hoppy Denison's Motion To Dismiss
87) 7-23-97 Plaintiffs' Response To Defendants, Kenneth Johnson & Blake Johnico's Motion To Dismiss
88) 7-24-7 Defendant Kim Reed's Reply To Plaintiffs Response To Defendant's Motion To Dismiss
89) 7-25-97 Minute Order -Pltf s & all non-moving defts shall file a response to Fed Defts Motion with Supporting Brief to Suspend Discovery, to Vacate Scheduling Order Including Trial Date & to strike Jury Trial setting file 7-3-97 no later than 7-31-97.
90) 7-29-97 Response to Federal Defendants' Motion to Suspend Discovery, Vacate Scheduling Order Including Trial Date and To Strike Jury Trial Setting of Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels
91) 7-29-97 Response To Federal Defendants' Motion To Suspend Discovery, Vacate Scheduling Order Including Trial Date and To Strike Jury Trial Setting Of Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Hom, Darrel Kirkes, Rebecca Johnson & Jimmy Long
92) 7-30-97 Response Of Defendants Bob Rabon, Robert L. Rabon, Kim Reed, Hoppy Denison, Bill Barrow, Mike Russell, Steven Flowers, Chris Welch, Kenneth Johnson, & Blake Johnico To Federal Defendants Motion To Suspend Discovery, To Vacate Scheduling Order Including Trial Date & To Strike Jury Trial Setting
93) 7-31-97 Plaintiffs Response To Federal Defendants' Motion With Supporting Brief To Suspend Discovery, To Vacate Scheduling Order Including Trial Date and To Strike Jury Trial Setting
94) 8-1-97 Federal Defendants' Reply In Support of Motion To Dismiss
95) 8-4-97 Reply Of Defendants Bill Barrow, Mike Russell, Steven Flowers & Chris Welch To Plaintiffs' Response To defendants' Motion To Dismiss
96) 8-4-97 Reply Of Defendants Kenneth Johnson & Blake Johnico To Plaintiffs' Response To Defendants' Motion To Dismiss
97) 8-4-97 Defendant Hoppy Denison's Reply To Plaintiffs' Response to Defendants' Motion To Dismiss
98) 8-8-97 Federal Defendants' Reply In Support Of Motion To Suspend Discovery, To Vacate Scheduling Order, Including Trial Date, and To Strike Jury Trial Setting
99) 8-11-97 Reply Of Defendant Robert L. Rabon To Plaintiffs' Brief In Response To Defendant Robert L. Rabon's Motion to Dismiss
100) 8-18-97 Order granting Deft Motion To Suspend Discovery, To Vacate Scheduling Order including Trial Date & to strike Jury Trial Setting, Scheduling Order entered 5-31-97 is vacated.
101) 9-24-97 Minute Order - Pursuant to the Order entered 9-18-97 vacating the Scheduling Order, the settlement conf set 10-20-97 at 9 a.m is stricken.
102) 1-13-98 Motion To Set For Hearing Or In the Alternative Motion For Judgment On the Pleadings
103) 9-30-98 Order -granting deft Robert L. Rabon's motion to dismiss filed 6-19-97, dismissing counts I, VII and XI as they pertain to deft Robert L. Rabon
104) 9-30-98 Order -granting defts Barrow, Russell, Flowers & Welch's motion to dismiss filed 7-11-97, dismissing counts I, II, VII, VIII, XI & XII against deft Barrow, Russell, Flowers & Welch in both their official & individual capacities
105) 9-30-98 Order -granting deft Denison's motion to dismiss filed 7-11-97 & dismissing Counts I, II and VI asserted against deft Denison in both his official & individual capacities
106) 9-30-98 Order -granting deft Johnson & Johnico's motion to dismiss filed 7-14-97, dismissing counts I, II, IV, VII, VII and X asserted against deft Johnson & Johnico in both their official & individual capacities
107) 9-30-98 Order -granting deft Bob Rabon's motion to dismiss filed 5-6-97 dismissing counts I, VII and XI as they pertain to deft Bob Rabon
108) 9-30-98 Order -granting deft USA, Babbit, Deere, Fields, Proctor, Springwater, Ketcher, Wilson, Mings, Robert L. Rabon, & Reed's motion to dismiss filed 6-20-97 (see order for counts)
109) 9-30-98 Order -granting deft Reed's motion to dismiss filed 6-19-97 dismissing all claims asserted against Reed both her official & individual capacities
110) 9-30-98 Minute Order - Motion to Set for Hearing, or in the alternative, Motion For Judgment on the Pleadings by the Pltf on 1-13-98 is hereby deemed Moot, as a result of the rulings issued by this Court.
111) 10-14-98 Minute Order - Parties directed to meet as soon as practicable, but not less than 14 days prior to the Status & Scheduling Conf.Parties directed to file with the Clerk a joint written report of such meeting 4 working days prior to the Status & Scheduling Conf.
112) 11-9-98 United States' Supplement To the Third Report On Planning Meeting
113) 11-9-98 Third Report On Planning Meeting
114) 12-8-98 Order -granting deft USA Motion To Dismiss, accordingly Count IV asserted against Deft Denison, Russell & Flowers, Count X asserted against deft Barrow & Welch, and Count XIV asserted against deft Barrow, in relation to which the USA was substituted as a party deft are hereby dismissed.
115) 12-10-98 Minute Order -setting telephonic status & scheduling conf for 12-1-98
116) 12-11-98 Minute Order - Telephone Conference
117) 10-10-98 Scheduling Order
118) 12-14-98 Plaintiffs' Brief In Response To USA's Suggestion Of Lack Of Jurisdiction
119) 12-15-98 Minute Order - Pltfs Brief in Response to USA's Suggestion of Lack of Jurisdiction filed 12-14-98 is Stricken. Response to pending motion was due 12-3-98 in according with EDOK LR 7. 1 (B).
120) 12-16-98 Notice -Pretrial Conf set for 7-15-99 at 9:20 a.m. & Jury Trial on 8-30-99 at 9:00 a.m.
121) 12-21-98 Motion To Set Aside December 8, 1998 Order and Brief In Support
122) 12-21-98 Application For Extension Of Time To Respond To Defendant's November 18, 1998 Motion To Dismiss
123) 12-29-98 Motion For Time to File Reply Brief In Support Of the United States' Motion To Dismiss
124) 12-31-98 Minute
Order - Motion for time to file reply brief in support of
the USA's Motion to Dismiss filed 12-24-98 is hereby granted.
In the event that the Court vacates its Order granting the USA
Motion to dismiss, the USA will be provided 11 days after the
entry of Order vacating
by which to file a reply.
125) 1-13-99 Plaintiffs' Brief In Response To USA's Suggestion Of Lack Of Jurisdiction
126) 1-13-99 Motion To Withdraw -Scott Kayla Morrison
127) 1-13-99 Order -Motion For Extension of Time to Respond to Defendant's 11- 18-98 Motion To Dismiss as moot, granting motion to set aside 12-8- 98 order & reinstating motion to dismiss and vacating minute order granting motion to dismiss and ordering deft USA to file its reply to pltf response 11 days from date of order or no later than 1-25-99
128) 1-19-99 Minute Order - Pltfs Brief in Response to USA Suggestion of Lack of Jurisdiction filed 12-14-98 is hereby stricken as having been superceded by the Response filed 1-13- 99.
129) 1-19-99 Minute Order - Pltfs shall file response to the Motion to Withdraw filed by their counsel of record, Morrison, on 1-13 -99 no later than 1-28-99 setting forth whether alternative counsel will enter an appearance on their behalf or whether they shall continue in this action, appearing pro se.
130) 1-25-99 Reply Brief In Support Of The United States' Suggestion Of Lack Of Subject Matter Jurisdiction
131) 1-28-99 Application For Substitution Of Counsel
132) 2-3-99 Order -granting motion for substitution of counsel
133) 6-9-99 Defendants City Of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson & Jimmy Long's Motion For Summary Judgment AND Brief in Support
134) 6-9-99 Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels' Motion For Summary Judgment AND Brief in Support
135) 6-28-99 Plaintiffs' Brief In Response To Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels' Motion For Summary Judgment
136) 6-28-99 Plaintiffs' Brief In Response To Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrell Kirkes, Rebecca Johnson & Jimmy Long's Motion For Summary Judgment
137) Rec'd 7-6-99 Defendant's City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrell Kirkes, Rebecca Johnson and Jimmy Long's Motion To Strike Plaintiffs' Response To the Motion For Summary Judgment
138) Rec'd 7-6-99 Defendants City Of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson and Jimmy Long's Reply To Plaintiffs' Response To The Motion For Summary Judgment
139) Rec'd 7-6-99 Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels' Motion To Strike Plaintiffs' Response To The Motion For Summary Judgment
140) Rec'd 7-6-99 Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels' Reply To Plaintiffs Response To The Motion For Summary Judgment
141) Rec'd 7-8-99 Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels' Requested Jury Instructions
142) Rec'd 7-8-99 Defendant City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels Exhibit Index
143) Rec'd 7-8-99 Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels Requested Voir Dire
144) Rec'd 7-8-99 Defendants City ofTalihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat & Naomi O'Daniels' Trial Brief
145) Rec'd 7-8-99 Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson & Jimmy Long's Requested Jury Instructions
146) Rec'd 7-8-99 Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson & Jimmy Long Exhibit Index
147) Rec'd 7-8-99 Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson & Jimmy Long's Requested Voir Dire
148) Rec'd 7-8-99 Defendants City of Clayton, Terry Bell, Rowland Hall, Mike Van Horn, Darrel Kirkes, Rebecca Johnson & Jimmy Long's Trial Brief
150) Rec'd 7-21-99 Minute Order - Deft's City of Clayton, Bell, Hall, Van Horn, Kirkes, Johnson & Long's Motion to Strike Plaintiffs' Response to the Motion for Summary Judgment filed 7-6-99 and Deft's City of Talihina, England, Wade, Hibdon, James, Wheat & O'Daniels Motion to Strike Plaintiffs' Response to the Motion for Summary Judgment filed 7-6-99 are hereby DENIED
151) Rec'd 7-23-99 Minute Order - Pursuant to discussions at Pretrial Conf 7-15-99, case is hereby STAYED, pending a ruling on the dispositive motions currently on file. Further, all deadlines established in this case are hereby STRICKEN, to be reset at a subsequent Status & Sched Conf, if necessary after the rulings on the pending motions.
152) Rec'd 8-6-99 Court Miranda- Deft's USA's motion for clarification of status of case. Extention of time demed moot.
155) Order- Defendants City of Talihina, Jack England, Malcomb Wade, Niky Hibdon, Lloyd James, John Wheat and Naomi O'Daniels' Motion for Summary Judgment filed June 9, 1999 (Docket Entry #177) is hereby GRANTED
156) Notice of Appeal- 10th Circuit